dagabaaj
02-13 01:30 PM
mind your language.....i just wanted to get an update...there was a big momentum built around passing the i-485 provision and now we are postponing it till CIR....We are also changing lobbying firm....These are two significant changes. First, the initial promise made to members is not being delivered upon and second, we are changing a firm that we have utilized for a year. Are there some problems going on? May be, the firm ditched us.....Look, all these are questions going thru my head....That's why I posted the question....I am bold enuff to ask the questions, rather than sit back and blindly believe whatever is fed to me.....I do not own IV and I don't want to either....
Just a legitimate question amidst all the changes.....
whoa!!!...its getting hot in here....lets all wait for the World cup to finish...maybe India will win and whole scenario will change!!!...just kidding...
Viva...you have raised some valid questions...and understand that you got the answers...lets all have a dedicated goal....Core team please let us know if any...I mean it...any help is required....
Just a legitimate question amidst all the changes.....
whoa!!!...its getting hot in here....lets all wait for the World cup to finish...maybe India will win and whole scenario will change!!!...just kidding...
Viva...you have raised some valid questions...and understand that you got the answers...lets all have a dedicated goal....Core team please let us know if any...I mean it...any help is required....
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delax
07-15 07:48 PM
I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.
Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.
Class --------------------------------------> 2006 | 2007
Total Employment-based Approvals ----------> 159,081 | 162,176
EB1 ---------------------------------------> 36,960 | 26,697
EB2 ---------------------------------------> 21,911 | 44,162
EB3 ---------------------------------------> 89,922 | 85,030
Fourth:-------------------------------------> 9,539 | 5,481
Fifth (investors) ----------------------------> 749 | 806
See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.
EB1 ROW --> EB2 ROW --> EB3 ROW.
EB1 INDIA --> EB2 INDIA --> EB3 INDIA.
As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.
EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.
So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.
As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.
So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are
(93,332 +19,000) - 70,000 = 42,332.
So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.
Get me back if you have any doubts.
I think this makes complete sense. If USCIS continues with the same intent/logic from this point on then 50k visas is possible. We can argue over a few thousand here and there but the increase will be substantial as compared to prior years. The big caveat to all this is that USCIS/DOS continue the horizontal spill over from this point on.
Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.
Class --------------------------------------> 2006 | 2007
Total Employment-based Approvals ----------> 159,081 | 162,176
EB1 ---------------------------------------> 36,960 | 26,697
EB2 ---------------------------------------> 21,911 | 44,162
EB3 ---------------------------------------> 89,922 | 85,030
Fourth:-------------------------------------> 9,539 | 5,481
Fifth (investors) ----------------------------> 749 | 806
See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.
EB1 ROW --> EB2 ROW --> EB3 ROW.
EB1 INDIA --> EB2 INDIA --> EB3 INDIA.
As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.
EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.
So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.
As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.
So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are
(93,332 +19,000) - 70,000 = 42,332.
So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.
Get me back if you have any doubts.
I think this makes complete sense. If USCIS continues with the same intent/logic from this point on then 50k visas is possible. We can argue over a few thousand here and there but the increase will be substantial as compared to prior years. The big caveat to all this is that USCIS/DOS continue the horizontal spill over from this point on.
martiansoldier
07-26 11:57 AM
if you are a desi no reason for you to not know hindi mate....hamara bharat mahan
This thread was dead in October last year. This guy MartianSoldier restarted it ( and notice he has only 1 post ) for just one reason - start infighting among indians from different states.
Anyone falling into his trap and fighting on the thread ?
Martiansoldier really belongs not on Mars but in a mental asylum. Please don't post on this thread unless it has really got something to do with PIO card or the Indian consulate.
Remember United we stand and Divided we fall.
@hpandey:
Congratulations on working hard to figure out where I belong but too bad, it wasn't worth it nor will it ever matter to anyone where I belong!
You might want to ask ameryki to stop thread jacking before you blame me. I did not start any infighting nor did I start the Hindi topic! I just responded to a stupid post by ameryki and I sure as hell have every right to voice my opinions. If you don't like it, do what you will and move on!
I've got to make myself clear about my first reason though.
When I mean attitude of the people that speak it, I mean the attitude of those that speak it to me after I have politely mentioned in English that I do not know the language and yet those morons begin a lecture that I have to know the language because I am a citizen of the nation and it doesn't matter where I live. The constitution of India does not state that every citizen of India must know Hindi nor does it state that no matter where in the world an Indian lives, he must know Hindi to be an Indian citizen.
At the end of the day, no matter what anyone says or thinks of me, I still don't have one good reason to learn Hindi! Yet, I am a Proud Citizen of Indian and there is nothing that people like hpandey or ameryki can do about it! This is the truth and so will it remain!
@ snathan:
We're not alone and I'm sure that you'd agree that we're no less Indian citizens than anyone that speaks Hindi. What we type here isn't going to change the fact that we're treated differently by those Indian citizens who speak Hindi and most of those that speak it would never ever change their attitude toward us for not knowing it.
I've got better things to do than help hpandey or ameryki understand what it would feel like to be in our shoes and I ain't gonna bother. Like I have my opinion, they have theirs!
Cheers everyone! It is time for me to move on.
Vaazhga Thamizh! Valarga Indhiya Naadu!
This thread was dead in October last year. This guy MartianSoldier restarted it ( and notice he has only 1 post ) for just one reason - start infighting among indians from different states.
Anyone falling into his trap and fighting on the thread ?
Martiansoldier really belongs not on Mars but in a mental asylum. Please don't post on this thread unless it has really got something to do with PIO card or the Indian consulate.
Remember United we stand and Divided we fall.
@hpandey:
Congratulations on working hard to figure out where I belong but too bad, it wasn't worth it nor will it ever matter to anyone where I belong!
You might want to ask ameryki to stop thread jacking before you blame me. I did not start any infighting nor did I start the Hindi topic! I just responded to a stupid post by ameryki and I sure as hell have every right to voice my opinions. If you don't like it, do what you will and move on!
I've got to make myself clear about my first reason though.
When I mean attitude of the people that speak it, I mean the attitude of those that speak it to me after I have politely mentioned in English that I do not know the language and yet those morons begin a lecture that I have to know the language because I am a citizen of the nation and it doesn't matter where I live. The constitution of India does not state that every citizen of India must know Hindi nor does it state that no matter where in the world an Indian lives, he must know Hindi to be an Indian citizen.
At the end of the day, no matter what anyone says or thinks of me, I still don't have one good reason to learn Hindi! Yet, I am a Proud Citizen of Indian and there is nothing that people like hpandey or ameryki can do about it! This is the truth and so will it remain!
@ snathan:
We're not alone and I'm sure that you'd agree that we're no less Indian citizens than anyone that speaks Hindi. What we type here isn't going to change the fact that we're treated differently by those Indian citizens who speak Hindi and most of those that speak it would never ever change their attitude toward us for not knowing it.
I've got better things to do than help hpandey or ameryki understand what it would feel like to be in our shoes and I ain't gonna bother. Like I have my opinion, they have theirs!
Cheers everyone! It is time for me to move on.
Vaazhga Thamizh! Valarga Indhiya Naadu!
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Legal
06-10 03:00 PM
Senator Hilary Clinton introduced an amendment to exempt apllicant's dependents from visa quotos, which will reduce the retrogression signifcantly, why Core choose the Coryn's not supporting Hilary Clinton's? She is very likly to be our future president.
Her amendment is only for family-based petitions....not for employment based petitions, it will do nothing to alleviate retrogression.
Her amendment is only for family-based petitions....not for employment based petitions, it will do nothing to alleviate retrogression.
more...
she81
07-18 02:47 PM
Please stop posting such rude and derogatory posts for people stuck at BECs. It's very easy to criticize if you are in a better position than someone. But remember, you could also have been one among them. Then, if you were expressing your dissatisfaction and instead have people call you losers, you wouldn't begin to imagine how that feels. So, be happy you are getting this window of opportunity but stop this ugly bashing and blaming of yours.
People like bigtime008 are loosers.
They will think of themselves only. Characteristics of such peoiple are: Selfish
Instead of celebrating the greater good for all, they are just worried about what they are getting out of it.
These people join a group for security; but will always think only about themselves and will take every opportunity to demoralize the whole team.
We know BEC is an issue and there is sympathy for them, but does it mean we want to stop 700K people with families not getting a chance to better their lives.
People like bigtime008 are loosers.
They will think of themselves only. Characteristics of such peoiple are: Selfish
Instead of celebrating the greater good for all, they are just worried about what they are getting out of it.
These people join a group for security; but will always think only about themselves and will take every opportunity to demoralize the whole team.
We know BEC is an issue and there is sympathy for them, but does it mean we want to stop 700K people with families not getting a chance to better their lives.
abhijitp
02-15 03:15 PM
Folks this is great news!! I agree, we are all winners in the end!!! :) But don't go trying to beat me now abhijitp haha just kidding :D
It's the weekend folks, let's print out some template letters and ask friends for 1 minute of their time.
Let's keep up the momentum, March 1st will be here before we know it.
I am now on my toes... just sent a template to some folks who I never felt would sign it, but doesn't hurt taking a chance:)
Anything for "Admin relief"!
It's the weekend folks, let's print out some template letters and ask friends for 1 minute of their time.
Let's keep up the momentum, March 1st will be here before we know it.
I am now on my toes... just sent a template to some folks who I never felt would sign it, but doesn't hurt taking a chance:)
Anything for "Admin relief"!
more...
va_dude
12-23 04:25 PM
srik,
looks like they re-opened your 485. sounds like a positive step.
anyway, can you post the circumstances and details under which your 485 was denied in teh first place?
thanks.
va_dude
looks like they re-opened your 485. sounds like a positive step.
anyway, can you post the circumstances and details under which your 485 was denied in teh first place?
thanks.
va_dude
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svam77
07-19 10:44 PM
I agree 100 %. But even if the officer wants to know about out I 140, it wud be just a 1 min process for them as they can check if a recipt was generated based on the names.
If we put the copies of the fee checks, that would help even more because that means that our I 140 application was accepted.
With tracking receipts, cheque copies and a letter, I believe we would be able to establish evidence that, 140 was received by the service center.
Totally missing out on showing that I 140 is filed is no evidence at all. Showing every possible document to prove that the docment was filed, should be do the work.
Anyways since there are so many hundreds of people who filed I 140 in the recent days, I believe some alternative from USCIS wud show up in the next few days .......
If we put the copies of the fee checks, that would help even more because that means that our I 140 application was accepted.
With tracking receipts, cheque copies and a letter, I believe we would be able to establish evidence that, 140 was received by the service center.
Totally missing out on showing that I 140 is filed is no evidence at all. Showing every possible document to prove that the docment was filed, should be do the work.
Anyways since there are so many hundreds of people who filed I 140 in the recent days, I believe some alternative from USCIS wud show up in the next few days .......
more...
NolaIndian32
05-01 10:51 AM
New count approx $8,411.
Go IV
Go IV
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kate123
02-13 06:07 PM
Please see my comments in RED below
You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
There were several request mails already sent to USCIS ombudsman about this issue. Let us not mix up again.
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, -- This issue will come only if I change my job. If I want to be with same employer I will have flexibility of using EAD (with out the need to extend H1, Visa Stamping)
USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. -- This will come in to picture if I want to use AC21.
Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
Also please remember that the percent of AC21 denials are compartively less when you compare with total number of people who successfully used AC21... we already have a separate compain for AC21 denials where lots of people have already sent mails CIS ombudsman.
If I am wrong please correct me.
Thanks
Kiran :)
You are reading my post selectively and not in its entirety. I did not say EAD is waste and useless, I said EAD is waste and useless without the removal of semilar or same job requirement in AC21 as USCIS will sooner or later deny AOS based on semilar\same job requirement. Do you know how many RFE\denial notices have been issued by USCIS to EAD\Ac21 workers? There is an entire thread running into several pages related to that. Scores of people wrote to USCIS ombudsman complaining about USCIS issuing denial notice to people whose I140 was revoked by previous employer even though Ac21 says AOS continues even if I140 is rovoked by previous employer. There are instances where USCIS has issued rfe to prove they are in a same\semilar job. History has shown USCIS uses issues like same\semilar job to kick people out. Based on the IO adjudicating your case, based on the economic climate etc USCIS has made life difficuly (current h1b crackdown is a example).
What I am saying is bring in protection to AOS by
-removing the same or semilar job requirement in AC21
Its not that easy to make this adjustment. If you take out this clause a person can work any where and this is more like a green card. For example a software person can even work in a gas station. I am afraid, this cannot be done as easy as you think.--- Again, I am not saying that it should not be done; all I am saying is let us keep this as a separate item
-making sure USCIS does not deny AOS when previous employer revokes aproved i140.(even though ac21 says aos cannot be denied, USCIS is sending denail notice).
There were several request mails already sent to USCIS ombudsman about this issue. Let us not mix up again.
Yes EAD is absolutely better than H1b but not for long, when people start using EAD instead of H1b, -- This issue will come only if I change my job. If I want to be with same employer I will have flexibility of using EAD (with out the need to extend H1, Visa Stamping)
USCIS will start denying AOS based on Same\semilar job or other grey areas (not working on EAD because of lay off) then you are back to square one. If you are on EAD and AOS is denied you are out of status like H1b. -- This will come in to picture if I want to use AC21.
Close the loopholes first before you open the pre filing AOS. Your statement regarding not work at all on EAD is not correct. USCIS can issue rfe\denial notice for lack of job. I hope it was true that it does not matter if you are not working at all on EAD.
Also please remember that the percent of AC21 denials are compartively less when you compare with total number of people who successfully used AC21... we already have a separate compain for AC21 denials where lots of people have already sent mails CIS ombudsman.
If I am wrong please correct me.
Thanks
Kiran :)
more...
akred
03-24 06:49 PM
Honestly speaking; if the laws were followed the way they were meant to be; it would be extremely, extremely difficult to get h-1b; labor processing and 140's approved.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
There is a logical fallacy here. What you are saying is:
Suppose country quotas exist to limit abuse
There are country quotas
Therefore abuse is limited
The very fact that you are complaining about abuse in the system disproves your proposition.
Right now USCIS, DOL and consulates are really after people. Be careful what you wish for; there are a lot of things under the carpet.
There is a logical fallacy here. What you are saying is:
Suppose country quotas exist to limit abuse
There are country quotas
Therefore abuse is limited
The very fact that you are complaining about abuse in the system disproves your proposition.
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vxg
08-20 10:25 PM
Hi All,
I applied for my daughter's PIO card and sent all the documents as mentioned in the instructions sheet of the embassy website along with the self addressed stamped envelope. I heard from my other friends that even after you send everything in order, the embassy people would call and say that they did not receive the self addressed stamped envelop. It happened to three of my friends. I am the 4th one. They called today to tell that I did not send the envelope.
The funny part that happened with my friends is that, they all sent $20 and the package came in the very envelope they sent in the first place, that the embassy said they didn't receive.
Did anybody of you also had the same kind of experience or similar incident. If so, please do share.
Why are they doing like that? Do they really think we would do like that, trying to save on an self addressed envelope? It really bothered me for the fact that the lady from the consulate was utterly rude when talking. I am amazed how in the world, The Indian Government is still hiring such people? Of more then a billion population, is that the best person the government of India could find for that customer service post? Its a shame and I am ashamed that such dic*heads working and representing India?
Coming back to the issue...she said sternly, send $20.00 or send envelope stamped otherwise the application would not be processed.
Folks, please let me know where I can complain about this careless attitude of this monster woman. What steps can I take to make sure they don't do that again? I live in TN and I can't fly/drive to Washington DC. The questions is not about the money, but the way they are operating without any ethics is deplorable.
Hoping to hear all your valuable suggestions.
Thank you.
I am sorry to hear your experience at indian embassy. I sent the PIO card app for my daughter to Indian Consulate Houston and they did not require me to send a self addressed envelope. Included $20 and i got the card via FEDEX. I was surprised that the total time to receive card was about 7 -10days counting from the day i mailed the papers.
I applied for my daughter's PIO card and sent all the documents as mentioned in the instructions sheet of the embassy website along with the self addressed stamped envelope. I heard from my other friends that even after you send everything in order, the embassy people would call and say that they did not receive the self addressed stamped envelop. It happened to three of my friends. I am the 4th one. They called today to tell that I did not send the envelope.
The funny part that happened with my friends is that, they all sent $20 and the package came in the very envelope they sent in the first place, that the embassy said they didn't receive.
Did anybody of you also had the same kind of experience or similar incident. If so, please do share.
Why are they doing like that? Do they really think we would do like that, trying to save on an self addressed envelope? It really bothered me for the fact that the lady from the consulate was utterly rude when talking. I am amazed how in the world, The Indian Government is still hiring such people? Of more then a billion population, is that the best person the government of India could find for that customer service post? Its a shame and I am ashamed that such dic*heads working and representing India?
Coming back to the issue...she said sternly, send $20.00 or send envelope stamped otherwise the application would not be processed.
Folks, please let me know where I can complain about this careless attitude of this monster woman. What steps can I take to make sure they don't do that again? I live in TN and I can't fly/drive to Washington DC. The questions is not about the money, but the way they are operating without any ethics is deplorable.
Hoping to hear all your valuable suggestions.
Thank you.
I am sorry to hear your experience at indian embassy. I sent the PIO card app for my daughter to Indian Consulate Houston and they did not require me to send a self addressed envelope. Included $20 and i got the card via FEDEX. I was surprised that the total time to receive card was about 7 -10days counting from the day i mailed the papers.
more...
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manja
04-28 09:01 AM
Just contributed $100 thru paypal. Receipt ID: 2R076758GN8453601
Thanks.
Thanks.
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ram04
09-24 08:38 PM
Got H 1 transfered to new company and G 28 in August 08
Applied Ac 21 in August 08
EAD and AP renewals received yesterday.
All done well after 180 days of 140.
Could not contact old employer today - will do tomorrow.
Thinking of taking info pass interview next week if I dont receive any thing by then.
Informed to attorney by mail today. As I receivied deniel email late in the evening could not contact any one today.
Hopefully all will end well with God s grace.
Thanks
Ram
Applied Ac 21 in August 08
EAD and AP renewals received yesterday.
All done well after 180 days of 140.
Could not contact old employer today - will do tomorrow.
Thinking of taking info pass interview next week if I dont receive any thing by then.
Informed to attorney by mail today. As I receivied deniel email late in the evening could not contact any one today.
Hopefully all will end well with God s grace.
Thanks
Ram
more...
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GCScrewed
08-22 11:36 AM
Certainly Canada is much much better option. Wish people had talked about it 10 years ago. So for those who just came to America or those who are deciding where to go to work or to school, Canada should be the first choice. You will actually have more flexibility being a Canadian than American.
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franklin
09-07 02:19 AM
Got IV tshirt?
Check!
Got plane ticket?
Check!
Got hotel?
Check!
Got motivation?
Check!
Got the will to make a change?
Check!
Got greencard?
...
Check!
Got plane ticket?
Check!
Got hotel?
Check!
Got motivation?
Check!
Got the will to make a change?
Check!
Got greencard?
...
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gc_buddy
01-02 01:09 AM
As far as my knowledge goes, the I 140 substitutions are no more accepted by USCIS. I may be wrong. Other members can comment..
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
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LongWait2005
06-30 02:22 PM
Yes, USCIS works on a weekend if they need money, not when you need them.
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krishnam70
03-05 06:07 PM
This is confusing. In that case how do they make ROW current or PDs way ahead of India? In other words, how do they know without touching a file that PD of a ROW file is current and is eligible to get GC!
Think about the flip side. If this is true, then once they preadjuridict all cases, thousands of ROW cases will immediately become eligible to get GC and India / China will not move for year(s)!
:D
They have already provided some kind of information to the Ombudsman's office so they must already have that information. It makes no sense otherwise how they would determine how many number of visa's they have available for each country or determine what are the PD's for each country.
OR
They do not have any program that can do it like that and that is why they did not use the full quota of visas which might have come out due to the inquiry of the Ombudsman's office.
Nixtor,
I did not say it was easy with bureaucracy and security, my response had those concerns highlighted on the other hand you may be right about the process being extremely manual where a physical verification is needed on each file which means all of us are in deep sh**t because they are working on some vague assumptions that visa numbers are /arent available and in the process we might be losing out something more or there is probably a gaint 'REGISTER' somewhere where people go and make physical entries :D:D every time a visa is allocated which will give the count... like an account book. all the above in jest ofcourse
Something ought be done about it and either way we should report it to Media and Ombudsman's office and if we still want to pay up the $5000 we can do so.
-cheers
kris
Think about the flip side. If this is true, then once they preadjuridict all cases, thousands of ROW cases will immediately become eligible to get GC and India / China will not move for year(s)!
:D
They have already provided some kind of information to the Ombudsman's office so they must already have that information. It makes no sense otherwise how they would determine how many number of visa's they have available for each country or determine what are the PD's for each country.
OR
They do not have any program that can do it like that and that is why they did not use the full quota of visas which might have come out due to the inquiry of the Ombudsman's office.
Nixtor,
I did not say it was easy with bureaucracy and security, my response had those concerns highlighted on the other hand you may be right about the process being extremely manual where a physical verification is needed on each file which means all of us are in deep sh**t because they are working on some vague assumptions that visa numbers are /arent available and in the process we might be losing out something more or there is probably a gaint 'REGISTER' somewhere where people go and make physical entries :D:D every time a visa is allocated which will give the count... like an account book. all the above in jest ofcourse
Something ought be done about it and either way we should report it to Media and Ombudsman's office and if we still want to pay up the $5000 we can do so.
-cheers
kris
alterego
03-23 06:55 PM
I disagree that this is a plan at the government level to make EB immigration on par with family based immigration.
Diversity is a cornerstone of the US immigration policy. It is present in both the main types of US immigration. You can argue about its merits and demerits, however when major immigration reform was debated and legislated in the 60s, diversity was set as a basis. The Diversity visa lottery speaks to this.
The H1b visa(with its absent country quotas), has now come into collision with an EB system which has these quotas. That is why we are seeing this mess.
Diversity is a cornerstone of the US immigration policy. It is present in both the main types of US immigration. You can argue about its merits and demerits, however when major immigration reform was debated and legislated in the 60s, diversity was set as a basis. The Diversity visa lottery speaks to this.
The H1b visa(with its absent country quotas), has now come into collision with an EB system which has these quotas. That is why we are seeing this mess.
BharatPremi
12-10 12:08 PM
"Less number of attendees" had a big impact in our minds and it sidelined one of the positive outcome of the meeting and that is outcome of Q&A with the Guest.
Guest answered many questions personal - EB based immigration and other immigration but in my opinion we could get very precise answers on following questions raised by attendees in more clear manner without leaving any doubts and ifs and buts.
Q:1 What need to be done if one has different "A" numbers on I-140 and 485?
Q:2 Age old confusion - Using AC21 after 180 days - How to use it.
AND WE ALL COULD GET VERY PRECISE ANSWERS IN A VERY PROFESSIONAL MANNER FROM A WONDERFUL GUEST(Attorney) AND THAT WITHOUT PAYING HOURLY FEE.
Guest answered many questions personal - EB based immigration and other immigration but in my opinion we could get very precise answers on following questions raised by attendees in more clear manner without leaving any doubts and ifs and buts.
Q:1 What need to be done if one has different "A" numbers on I-140 and 485?
Q:2 Age old confusion - Using AC21 after 180 days - How to use it.
AND WE ALL COULD GET VERY PRECISE ANSWERS IN A VERY PROFESSIONAL MANNER FROM A WONDERFUL GUEST(Attorney) AND THAT WITHOUT PAYING HOURLY FEE.
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