psgprasad
07-03 04:34 PM
Requesting IV core to setup webfax and IV action items to call senators and congressmen on the mid month retrogression issue and bad process followed by USCIS and DOS
The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.
The response by congresswoman Rep. Lofgren should be added in the webfax and our phone calls.
wallpaper Emmys Backstage: Tom Hanks
glus
02-13 07:19 AM
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
GCmuddu_H1BVaddu
09-04 11:18 PM
OK breddy I searched in youtube. I see chandu is from vijayawada. Now I know why he is talking crap on YS Rajashekar Reddy.
Dude Chandu, you are in 21st century. Forget about all these castism and all. Live peacefully and get your GC. This castism and all doesn't do any good. Chandrababu and Balakrishan will nto give any GC to you. Save your ass, CASTISM will not help any one. I used to think your senior member and good person. I seriously think your an IDIOT unless you stop this castism. STOP this caste based discussions. I know you are not directly talking but I can join the links.
(BTW, I don't believe in castism, I don't have any caste)
Originally Posted by breddy2000
This MF doesn't even have minimum decency to just leave alone a Dead Man.
Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.
1..) This MF has been preaching about faking Resumes in his old posts
2.) He suggested faking Exp letter to someone in trouble...
3.) He openly has shown someones full name using his Admin previledges
Look for all of "CHANDUV23" posts
Want to see him...search for him in UTUBE. Search for "CHANDUV23"
God knows what kind of idiots are given this kind of responsibility as Admin....
U r insane. U r assuming stuff and spewing venom. U like googling people's ids ehhh and that is ur passtime.
And for your kind information - I am not an admin, nor do I have any previliges. I can always write what I want, if IV thinks that I must not write something, they let me know. I do not have to come on multiple IDs like some of you do.
For those who are angry with me - send me an email or post me a private message as to why you are all so angry with me.
Dude Chandu, you are in 21st century. Forget about all these castism and all. Live peacefully and get your GC. This castism and all doesn't do any good. Chandrababu and Balakrishan will nto give any GC to you. Save your ass, CASTISM will not help any one. I used to think your senior member and good person. I seriously think your an IDIOT unless you stop this castism. STOP this caste based discussions. I know you are not directly talking but I can join the links.
(BTW, I don't believe in castism, I don't have any caste)
Originally Posted by breddy2000
This MF doesn't even have minimum decency to just leave alone a Dead Man.
Want to see his saint deeds on IV.....Look for handle "CHANDUV23" handle history.
1..) This MF has been preaching about faking Resumes in his old posts
2.) He suggested faking Exp letter to someone in trouble...
3.) He openly has shown someones full name using his Admin previledges
Look for all of "CHANDUV23" posts
Want to see him...search for him in UTUBE. Search for "CHANDUV23"
God knows what kind of idiots are given this kind of responsibility as Admin....
U r insane. U r assuming stuff and spewing venom. U like googling people's ids ehhh and that is ur passtime.
And for your kind information - I am not an admin, nor do I have any previliges. I can always write what I want, if IV thinks that I must not write something, they let me know. I do not have to come on multiple IDs like some of you do.
For those who are angry with me - send me an email or post me a private message as to why you are all so angry with me.
2011 Celebrity parents Tom Hanks
justAnotherFile
06-27 10:15 PM
My 2 cents.
USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1
If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.
The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.
Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers
This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?
Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.
USCIS does not control the PD dates, State dept does. The state dept will change the PD's to when it runs out of visas to provide USCIS.
Case 1: Assume USCIS and State dept are in close touch over the currently approvable I-485s which can consume visas starting July 1
If USCIS has 40K such approvable apps, then the State Dept (being in close coordination with USCIS abt numbers) would have just moved the dates to Nov 2005 for EB-2 India the date when it retrogressed and similarly to the date when EB-3 retrogression first happened for India.
The fact that they did not do this means they do not have the sufficient numbers of approvable ones. Now the new ones filed in June or July will not become approvable until at least 90 days. So if they are hoping that some of the "new" 485 petitions filed in June/July will be straightforward enuf to approve in 4 months, they have to keep dates at current at least until July end.
Case 2: USCIS and State dept are not coordinating "closely" over the approvable numbers
This means the State dept arbitrarily changed the dates to Current instead of consulting with USCIS that they have 40K approvable petitions. And why woudl they in that case make the numbers unavailable in mid-july in that case?
Lastly even if the numbers can become Unavailable it has to be announced by State Dept. So worst case scenario it can become "U" in July 11-15, which makes the claim by Matthew-OH that it can become unavailable in July first week itself ridiculous.
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mirage
03-27 03:17 PM
If you forget all that Communal/Secular mudslinging for a little bit, here's an unbiased opinion about the performance of the UPA govt.
http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1
http://economictimes.indiatimes.com/Opinion/Comments--Analysis/Fall-of-the-holy-trinity-MMS-PC-Montek/articleshow/4316378.cms?curpg=1
eastindia
01-19 10:08 AM
Question to everyone criticizing consulting companies
If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?
Will you not want to contact them and file your greencard through them?
So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.
If you have a choice to have a EB3 2001 PD/EB2 2003 PD substitute labor from a consulting company, what will you do?
Will you not want to contact them and file your greencard through them?
So stop this bullshit about criticizing consulting companies. There are real human beings working in this those companies. Just because you do not work in consulting companies does not give you any right to post negative about them.
more...
samay
07-14 07:09 AM
Dear Sir / Madam,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
You do need to transfer your H-1 B to company Y in order to work after Oct.2008.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
You do need to transfer your H-1 B to company Y in order to work after Oct.2008.
2010 die Arbeit mit Tom Hanks
mallu
02-16 02:57 PM
My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.
I didn't know they give significant percentage of the recaptured numbers to retrogressed countries. That is cool.
As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)
I think i read only last year's report , that too the section concerning FBI namecheck, because at that time my PD was current most of time and i was stuck in name check. Now time to read rest of the stuff in Ombud's rpt.
I didn't know they give significant percentage of the recaptured numbers to retrogressed countries. That is cool.
As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)
I think i read only last year's report , that too the section concerning FBI namecheck, because at that time my PD was current most of time and i was stuck in name check. Now time to read rest of the stuff in Ombud's rpt.
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nomi
09-29 02:59 PM
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
You can apply anytime for Canadian PR. It has nothing to do with H1 or any other US Visa or status.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You have to live two years in Canada in order to get your Canadian
Citizenship.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
You can apply anytime for Canadian PR. It has nothing to do with H1 or any other US Visa or status.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You have to live two years in Canada in order to get your Canadian
Citizenship.
hair Tom Hanks in Apollo 13 (1995)
snathan
03-30 05:58 PM
As far as I know...
LIke you said India was just born and Nehru with full majority was heading the country . You know what he did he came up with Democratic-Socialistic model which is the hybrid of Communist-Socialist Russia,Democartic-Capatilistic U.S
This Democratic-Socialism was never tried anywhere else in the world.It was the so called vision of Nehru(albeit cut-copy-paste).
Interestingly explanation he gave for advocating his recipe was the same explanation you are giving for 'why it is difficult to rule India'
He said since India is young country it needs gentle intervention from state to get rid of the existing social-economic disparities. His formula resulted in bureaucratic bottlenecks, red tape, widened existing socio-economic disparities ,gave rise to mafia culture and the list goes on making Nehruvian socialism synonymous to failure in Indian dictionary.His dynastic descendants tried to push it under carpet as long as they could .Result: we see people thinking Nehru was a visionary.
Our own Intelligent MMS in 90's named Nehruviain Socialism a failure before he opened the reforms in the market.It is said that when P.V/MMS duo took charge they found that country's foreign exchanges reserves couldn't last for 24 hours.
I completely agree with you...it was Nehru who screwed up the country.
LIke you said India was just born and Nehru with full majority was heading the country . You know what he did he came up with Democratic-Socialistic model which is the hybrid of Communist-Socialist Russia,Democartic-Capatilistic U.S
This Democratic-Socialism was never tried anywhere else in the world.It was the so called vision of Nehru(albeit cut-copy-paste).
Interestingly explanation he gave for advocating his recipe was the same explanation you are giving for 'why it is difficult to rule India'
He said since India is young country it needs gentle intervention from state to get rid of the existing social-economic disparities. His formula resulted in bureaucratic bottlenecks, red tape, widened existing socio-economic disparities ,gave rise to mafia culture and the list goes on making Nehruvian socialism synonymous to failure in Indian dictionary.His dynastic descendants tried to push it under carpet as long as they could .Result: we see people thinking Nehru was a visionary.
Our own Intelligent MMS in 90's named Nehruviain Socialism a failure before he opened the reforms in the market.It is said that when P.V/MMS duo took charge they found that country's foreign exchanges reserves couldn't last for 24 hours.
I completely agree with you...it was Nehru who screwed up the country.
more...
krishnam70
07-10 01:42 PM
Wish you the very best byeusa......
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..
I might be moving to Canada next summer if there is no progress in my case here...My PD is Nov 2003 EB-3...I got my Canadian PR in May 2005 and I have until May 2008 to move.....So keeping my fingers crossed..I too work for a Canadian company in US.....Wish you good luck...
we have until july 2008 to move in to canada, lets see its probably bye bye usa if something does not happen until then. tired of waiting for this elusive GC, my story is verry verry similar to byeusa..
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snram4
01-15 06:08 PM
Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that. Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues. If they relax the rules fraud will increase and if they tighten it then some good persons also impacted. So the fight will go on forever. But economy will decide future of H1b and immigration. You cannot prevent restrictions if employment growth does not return to normal levels. But restrictions will not block H1b program but will bring best people in the world.
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
only consulting companies need to follow the law...? what about infy,wipro, tcs placing L1 consultants at the client location ?
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cableman
05-10 09:29 PM
Thanks cableman.
I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
I did read that part and hence my question was if I am in the fourth/fifth year of my CA PR when I decide to go to CA, will I be allowed at least in the country.
Another question was if I am in my 4th/5th year and know that it might take me another year before I go to CA, can I apply for CA PR again, even when I already have my CA PR OR if I apply for my CA PR immediately after my current CA PR expires, would I get it again (assuming I have the necessary points)
Thanks again to everyone who tries to shed some light.
Be honest, I don't know the real answers. You should find a lawyer to discuss this. I just share my thoughts. For your first question. I guess you should have no problem to enter Canada as long as your Maple card is still valid. However, I think when you renew your Maple card, you will have problem. For your second question. I think you can't re-apply PR as long as you still have the PR status. I think you may have to wait until your Maple card expires. I don't know the successful rate of re-applying PR. Enough point is one consideration, your intent to stay will be another consideration. I will be surprised if the immigration officer won't question you why you gave up the last PR status. You must prepare a good answer. Let me put in this way. Consider yourself is the immigration officer, will you question the applicant who gave up the status and re-applied again? Last advice. If you want to keep the PR, you should find a good lawyer to discuss the possibility of explaining to Canadian immigration why you need more time to move to Canada.
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samay
07-06 12:03 PM
My LC applied in Feb 2008
LC approved Apr 2008
I-140 Applied May 2008
My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008
I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?
or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.
Hello
In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.
LC approved Apr 2008
I-140 Applied May 2008
My 6th yr H1B expires Dec 2008
H1B Maxout Jan 2008
I am short by around 20 days Should i recapture the days by going out of country for 20 days and apply H1B 1yr extension, Will i Qualify for 3 yrs in this case...?
or should i just Apply for I-140 PP in Oct 2008 and 3 yr H1B Extension without worrying about recapturing 20 days.
Hello
In order to qualify for a three year extension one has to have an approved I-140. From the given facts I understand you will be eligible for one year H-1 B extension in February 2008. You can apply for an extension of H-1 B for a recapture of the days you spent outside India. You are not required to get out of US so long as your petition for extension is pending with the USCIS. Alternatively you can apply for premium processing of I-140 (when it commences). The benefit of course will be that you will be able to get a three year extension. You will have to weigh the cost of the PP with the cost of the H-1 B extension.
more...
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senthil1
06-26 01:14 PM
EB3 other workers visa very less in numbers but more people are available as it is unskilled. So that case cannot be equated to high skilled categories.
In EB2 and EB3 total eligible person I am expecting is 200 to 300K that too all may not file due to person reasons like marriage etc. For 100 to 140K Gc numbers 200k numbers will not make them too crowded to stop in the middle.
did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on immigration-law.com (with another note that AILA was looking into the legality of doing this)
================================================== =====================================
06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007
* This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.
In EB2 and EB3 total eligible person I am expecting is 200 to 300K that too all may not file due to person reasons like marriage etc. For 100 to 140K Gc numbers 200k numbers will not make them too crowded to stop in the middle.
did'nt that just happen to EB3-Other_Workers? The July visa bulletin turned their dates into U, and at the same time USCIS was asked to stop accepting applications (although dates were ok per the June bulletin). That was the note on immigration-law.com (with another note that AILA was looking into the legality of doing this)
================================================== =====================================
06/16/2007: Unskilled Worker EB Category Visa Exhausted Even in June 2007
* This is a truly bizzare news. AILA has reported that State Department had advised the the USCIS that the EB-3 Other Worker category had been exhausted., and based on this advice, thedUSCIS HQ has informed the Texas Service Center and the Nebraska Service Center to reject EB-3 Other Worker I-485 applications even though the June Visa Bulletin shows visa availability. It is indeed a double blow news to the Unskilled Worker community. AILA is looking into legality of this action.
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whitecollarslave
09-23 12:14 PM
Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.
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panini
05-11 04:49 PM
Mind you the civil war in SL is against the LTTE, not the Tamils.
Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.
Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.
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drirshad
08-08 04:47 PM
I am one of the July 2nd filer, EB2 India, PD is April 2005 filed 485 at NSC but got a receipt# starting with WAC. First I-485 receipt notice was send me with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it.
Called IO today says as my application receipt# starts with WAC it will processed by the CSC processing dates that is stuck at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
Is this information from IO valid, what can be done to come out of this problems. Looks like there has been some TSC approvals for WAC receipts but no news on NSC.
Called IO today says as my application receipt# starts with WAC it will processed by the CSC processing dates that is stuck at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
Is this information from IO valid, what can be done to come out of this problems. Looks like there has been some TSC approvals for WAC receipts but no news on NSC.
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tikka
07-04 07:39 AM
http://indiapost.com/article/immigration/597/
On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.
An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.
In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.
AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.
Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.
If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."
The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.
Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.
For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.
To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.
If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.
While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.
Cyrus D. Mehta
On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.
An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.
In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.
AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.
Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.
If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."
The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.
Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.
For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.
To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.
If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.
While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.
Cyrus D. Mehta
sands_14
07-10 08:27 PM
Well friends,
I understand the things .
My take is:
I will stay another 2 years when i exhaust my full 6yrs H1B.If GC doesnt seem thru by then,I can then move back to INDIA and invest in a new venture.
I dont find any need to go to Canada,Australia or Gulf.
Anyways best of Luck to all Migratory BIRDS:) No PUN intended !!:)
I understand the things .
My take is:
I will stay another 2 years when i exhaust my full 6yrs H1B.If GC doesnt seem thru by then,I can then move back to INDIA and invest in a new venture.
I dont find any need to go to Canada,Australia or Gulf.
Anyways best of Luck to all Migratory BIRDS:) No PUN intended !!:)
vrbest
07-31 03:40 PM
Thank you samay for taking time to answer my question.
My PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
Originally Posted by vrbest View Post
Hi,
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
My PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
Can I continue working for Company B until GC is received? or should I join company C before that?
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
Originally Posted by vrbest View Post
Hi,
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
