senthil
02-08 07:11 PM
how people get to know about IV when they are in a situation like this
but the very sad part is, their unableness to realize they are directly / in-direclty into this retro mess already or will be in the near future
donno if i would be like that, if i were one of them. lucky people though.
but the very sad part is, their unableness to realize they are directly / in-direclty into this retro mess already or will be in the near future
donno if i would be like that, if i were one of them. lucky people though.
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wellwishergc
03-19 11:27 PM
First of all, the interpretation of the new provisions itself is subjective. Different interpretations, corrections, amendments to interpretations, etc will lead to another mess, after the provisions pass into law. As you already know, IV volunteers are currently researching on the hard country allocation issue, which may arguably worsen the retrogression for Chinese/Indians.
Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.
Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.
I think, 485 filing ability is critical to the plight of EB3 applicants.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.
Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.
I think, 485 filing ability is critical to the plight of EB3 applicants.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
arkanand
09-13 03:45 PM
whats with the quotes...comparing to Gandhi and Martin Luther King Jr...Please dont kid yourself.
They did it for their country and fellowmen to be free from the clutches of oppression (a much serious issue than green card i think). Although even that is extended selfishness (cos of being Indian or African American) but they dedicated their entire lives for that cause.
We are not even close...this is just for MY GREEN CARD!
am i wrong?
They did it for their country and fellowmen to be free from the clutches of oppression (a much serious issue than green card i think). Although even that is extended selfishness (cos of being Indian or African American) but they dedicated their entire lives for that cause.
We are not even close...this is just for MY GREEN CARD!
am i wrong?
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Jaime
09-12 03:09 PM
It's always
too early
to quit
Norman Vincent Peale
Let's all go to DC guys! Time to "earn your wings" as an American! Fight for what is Fair! We WILL achieve our goals! But we need you there! Change your mind today and attend the rally! Don't let yourself later regret not having gone! You still have time, and we will help you with funds!!! ALL TOGETHER GUYS!!!!
too early
to quit
Norman Vincent Peale
Let's all go to DC guys! Time to "earn your wings" as an American! Fight for what is Fair! We WILL achieve our goals! But we need you there! Change your mind today and attend the rally! Don't let yourself later regret not having gone! You still have time, and we will help you with funds!!! ALL TOGETHER GUYS!!!!
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yestogc
06-30 01:42 PM
Yes, last time also we got AP approved in around 30-40 days.
nousername
06-30 12:59 PM
FYI..
I received my second AP renewal within 30 days of filing. It was paper based filing. In the process I lost 2 1/2 months of my previous AP approval, which was valid till August '09.
Seems like they are processing AP very quickly.
I received my second AP renewal within 30 days of filing. It was paper based filing. In the process I lost 2 1/2 months of my previous AP approval, which was valid till August '09.
Seems like they are processing AP very quickly.
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bugmenot
05-31 03:18 PM
Last few lines of this artice is clear about Senate mood. Even IV wants to lobby sepeately for gc numbers IV has to come up with reasonable numbers based on requirement. Arbitary numbers or blanket exemptions will have more chance for failure.
But unless they can prove that they system is not currently being abused, and unless they can come up with specific figures for the number of visas required, they will have a hard time persuading lawmakers that the cap needs to be raised beyond the current proposal of 115,000.
http://www.forbes.com/opinions/2007/05/21/outsourcing-immigration-congress-oped-cx_bw_0523legislate.html
they dont care about the 115k fgure they just want us masters exempt whom they can employ as full employees
But unless they can prove that they system is not currently being abused, and unless they can come up with specific figures for the number of visas required, they will have a hard time persuading lawmakers that the cap needs to be raised beyond the current proposal of 115,000.
http://www.forbes.com/opinions/2007/05/21/outsourcing-immigration-congress-oped-cx_bw_0523legislate.html
they dont care about the 115k fgure they just want us masters exempt whom they can employ as full employees
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santb1975
02-18 12:20 PM
it got too cold so we had to go home. We got around 19 letters signed yesterday after our So.Cal meetup
more...
walking_dude
10-05 08:48 AM
Troy is fine with me. Unless someone has a pressing reason (other than geographical location) lets stick to the time and venue.
Please update the first post with venue and timings in big and bold letters ( I used 'Arial Black', Size 5, Bold below)
IV MI Meet
Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
Time : 10:00 am sharp ( no ISTs)
Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.
Ok so we have a place in mind?
I suggest Troy. It will be center to all?
On 10-20 at 10:00 Am we can meet at Troy recreation center. This is on Livernois road, between Big beaver and 17 mile(wattles).
Or if you have more fitting place in mind, please suggest.
All that can make it, please update your personal information on your account here.
Please update the first post with venue and timings in big and bold letters ( I used 'Arial Black', Size 5, Bold below)
IV MI Meet
Location : Troy Recreation Center, Troy ( Livernois b/n Big Beaver and Wattles)
Address : 3179 Livernois, Troy, MI 48083 ( courtesy Google)
Time : 10:00 am sharp ( no ISTs)
Agenda : Discuss future actions - Lawmaker meetings, publicity campaign, getting attorneys to answer GC questions pro bono etc.
Ok so we have a place in mind?
I suggest Troy. It will be center to all?
On 10-20 at 10:00 Am we can meet at Troy recreation center. This is on Livernois road, between Big beaver and 17 mile(wattles).
Or if you have more fitting place in mind, please suggest.
All that can make it, please update your personal information on your account here.
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ishwindersidhu
02-13 03:44 AM
are you a nurse??
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gbof
06-10 02:55 PM
question to experts. will they send RFE's if they have already sent one and have pre-adjudicated? I hope not...
Look forward for your GC...man...donot think of RFE at this stage
Look forward for your GC...man...donot think of RFE at this stage
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piyu7444
03-20 08:20 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the MEP B's petition is approved I lose the approved peition with EMP A ??? I know the answer but want to see your take.......
I hope you assume this as a new H1B not a transfer or else your post is wrong.
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor.
so there is no question that you recent h1 is valid and past is invalid. I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend
To answer your question Yes nuthing gets transfered. Every time its a new h1b there is no transfer of anything. You can have 2 or more valid approved petition from different employers but you can use only one at a time.
Pay - They are liable and USCIS can question them. All they will have to do is show that this employee (OP) was no show never joined the company so basically agree with you here.
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the MEP B's petition is approved I lose the approved peition with EMP A ??? I know the answer but want to see your take.......
I hope you assume this as a new H1B not a transfer or else your post is wrong.
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor.
so there is no question that you recent h1 is valid and past is invalid. I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend
To answer your question Yes nuthing gets transfered. Every time its a new h1b there is no transfer of anything. You can have 2 or more valid approved petition from different employers but you can use only one at a time.
Pay - They are liable and USCIS can question them. All they will have to do is show that this employee (OP) was no show never joined the company so basically agree with you here.
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eb2waiter
06-09 12:29 PM
A canadian citizen does not have to leave this country. But if your family members are not canadian citizens then they should leave. Also a canadian citizen can get a TN visa and work in US.
Instead you could just stay here till you get a similar job, and apply for 485 when visa numbers are available.
You should ask your company to not withdraw your petition.
Better to contact a lawyer.
Instead you could just stay here till you get a similar job, and apply for 485 when visa numbers are available.
You should ask your company to not withdraw your petition.
Better to contact a lawyer.
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coopheal
03-13 05:09 PM
Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
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sundevil
06-19 05:49 PM
It appears that way on the surface, but I think this is subject to country quota also. So until ROW EB3 clears(since EB2 ROW was current) possibly no spill overs. But the biggest problem with this 90K for 5 years is based on some math they did with pending LCs and 140s etc. However did they anticipate dependents numbers correctly which is unknown till 485 stage? What happens if the backlog is 450K + 100K(just an assumption) when dependent numbers are added? You wait 5 years and realize you were not cleared through this system because you were part of that additional 100K . Now you fight your battles in the point system with a country limit of 14K(10% of 140K). So there are about 70K(14K*5) numbers being used up in MBS during those 5 years for a given country, not sure if that is the saving grace for any kinks in the backlog reduction numbers, but you have to figure new people are coming in every year and will compete for these 14K Visa numbers. It will be 38K when Z visa holders become eligible, but that is still a lottery proposition at best. So this could be really bad for few unlucky ones. Even though we have 485 applications in the system, if the numbers do not work out a few people are gonna loose big time.
Best case scenario is that we all get through under the backlog reduction, but future generation from India/China will have to play lottery for GC's.
This year with overflows from ROW category, maybe 40K extra numbers were used for backlog reduction. Adding 10k for each china and India it makes the number 60K. Isnt 90K better than 60k (if we are lucky) under current system?
Best case scenario is that we all get through under the backlog reduction, but future generation from India/China will have to play lottery for GC's.
This year with overflows from ROW category, maybe 40K extra numbers were used for backlog reduction. Adding 10k for each china and India it makes the number 60K. Isnt 90K better than 60k (if we are lucky) under current system?
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ianlock
09-17 04:01 PM
Ok,
so the the US lists, the catagories as Mexico, India, china, and the philpines.
that is 4 counties..... with what ever percentage of the total visas..
But ROW the rest of the world.....how many countries is that???? i am guessing lots... i personally am only conserned with the UK as that is where i am at the moment. so how do i go about finding the number of visa's that the UK is aloted per year? in EB catagories.
because i dont see how if say Germay, or Italy used up all there visas for the year, but the rest of the world hadent, or even half and half....how can the entire of the rest of the world be retrogressed.??? is there not a list of how indervidual countries are retrogressed....? if this is stupid please say though, but i think it is quite a valid question.
so the the US lists, the catagories as Mexico, India, china, and the philpines.
that is 4 counties..... with what ever percentage of the total visas..
But ROW the rest of the world.....how many countries is that???? i am guessing lots... i personally am only conserned with the UK as that is where i am at the moment. so how do i go about finding the number of visa's that the UK is aloted per year? in EB catagories.
because i dont see how if say Germay, or Italy used up all there visas for the year, but the rest of the world hadent, or even half and half....how can the entire of the rest of the world be retrogressed.??? is there not a list of how indervidual countries are retrogressed....? if this is stupid please say though, but i think it is quite a valid question.
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bigboy007
06-09 08:18 PM
I dont know why people are thinking CIR will be advantageous :
WHat does CIR do :
Lets divide in to Four categories :
1. PPL who has to still enter US
2. PPL who have not started GC
3. PPL whose Labor pending in BEC
4. PPL whose 140 pending or approved.
In each i have not seen advantages but these are disadvantages , please enlighten me about advantages over current system in each cases.
Case -1: THere are enough provisions like Increase in H1B fees, Eliminating contracting etc that would effect and truely we may not be worrying about this in this context.
Case -2: For people who have not stated GC yet , its utter chaos, as per the dates in CIR. Now point system is not tested, there are severe imbalancements , No up system yet in INS , no yet personnel allocation . I dont see any reason INS will be on to this even if passed for atleast 2 years.
Based on this even if people say 5 years or so , no one exactly knows it might even take more than 7 years becoz of initial filing delays , accessing points , etc . What about extensions in H1B , anyways H1B system is so scrwed up consultants will be reduced by atleast 50% , and only survive who can find an work around. after all this High filing will force many out. I dont see anything good with new system. No big diff in Visa allocations to say that it will be faster for ppl. H1B Cant be renewed 3 years. Now is there any advantage over old sytem ? I dont think so .
Case -3: People who were stuck in BEC. Its bigger problem for many people who are renewing H1 based on this. Now that cant do it . SO its again their issue.
Case -4: People who got I140 approved or pending , They wont be effected anyways.
Also there will be labor somewhere as becoz there will be some clause that aims at not displacing any american worker for sure.
===========
With all these there is only one drawback of current system , i.e. backlog. that is not addressed anyways in new system so whats the point?
Only if cantwell amendment finds its place in current form then is a hope in a hurricane else its utter waste.
WHat does CIR do :
Lets divide in to Four categories :
1. PPL who has to still enter US
2. PPL who have not started GC
3. PPL whose Labor pending in BEC
4. PPL whose 140 pending or approved.
In each i have not seen advantages but these are disadvantages , please enlighten me about advantages over current system in each cases.
Case -1: THere are enough provisions like Increase in H1B fees, Eliminating contracting etc that would effect and truely we may not be worrying about this in this context.
Case -2: For people who have not stated GC yet , its utter chaos, as per the dates in CIR. Now point system is not tested, there are severe imbalancements , No up system yet in INS , no yet personnel allocation . I dont see any reason INS will be on to this even if passed for atleast 2 years.
Based on this even if people say 5 years or so , no one exactly knows it might even take more than 7 years becoz of initial filing delays , accessing points , etc . What about extensions in H1B , anyways H1B system is so scrwed up consultants will be reduced by atleast 50% , and only survive who can find an work around. after all this High filing will force many out. I dont see anything good with new system. No big diff in Visa allocations to say that it will be faster for ppl. H1B Cant be renewed 3 years. Now is there any advantage over old sytem ? I dont think so .
Case -3: People who were stuck in BEC. Its bigger problem for many people who are renewing H1 based on this. Now that cant do it . SO its again their issue.
Case -4: People who got I140 approved or pending , They wont be effected anyways.
Also there will be labor somewhere as becoz there will be some clause that aims at not displacing any american worker for sure.
===========
With all these there is only one drawback of current system , i.e. backlog. that is not addressed anyways in new system so whats the point?
Only if cantwell amendment finds its place in current form then is a hope in a hurricane else its utter waste.
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manish_jain99
07-18 05:32 PM
People were very happy with the last USCIS announcement but we all forgot about pain of people who are stuck in years of backlog. Though some of those unfortunate may have used harsh or improper language, but they had all the right to express their feelings. We all talk about Gandhian philosophy, but we need to be more tolerant. Before we ask to ban anyone from our forum, please try to put yourself in their shoes.
Our fight is far from over, we should all fight for for in-justice made to people who are trapped in the bureaucracy.
Our fight is far from over, we should all fight for for in-justice made to people who are trapped in the bureaucracy.
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gc genie
06-13 07:40 PM
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
gsmishra
07-23 09:10 PM
I am hopeful we can get receipt notice by first week of August as per receipting notice.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
In case of any problems receiving receipt notice we have the option to file with the bright colored paper.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
In case of any problems receiving receipt notice we have the option to file with the bright colored paper.
nc14
05-17 12:35 PM
great, thanks for another great initiative.
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