qesehmk
02-12 12:27 PM
Folks,
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
One can only infer based some facts and some assumptions.
Fact - Fallen new 485 demand (28% or more)
Fact - Law requires quarterly spillover.
Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
Fact - Dates did not move significantly
So all of these things fit together well only if one of the following is true
a) USCIS is utlizing the allocated visas.
b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.
Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
One can only infer based some facts and some assumptions.
Fact - Fallen new 485 demand (28% or more)
Fact - Law requires quarterly spillover.
Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
Fact - Dates did not move significantly
So all of these things fit together well only if one of the following is true
a) USCIS is utlizing the allocated visas.
b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.
Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.
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Deaddocus
03-15 07:57 AM
Modern knights, :D *ducks*
desi3933
01-31 05:56 PM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
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GreenLantern
02-16 07:37 PM
Very nice. :thumb: :thumb: (Two thumbs up)
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bomber
06-30 07:30 PM
Way to Go !
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Let's get united (for the first time) and fight it tooth and nail.
We should not let them get away with something like this so easily.
To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.
Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
yabayaba
08-11 02:23 PM
Also Could me in..
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va_labor2002
07-24 12:38 PM
Hi rpatel,
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
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Desertfox
12-10 07:06 PM
Hi friends,
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
If you have valid L-2 status, you need to apply for your EAD (file I-765 with USCIS) to be able to work legally. Once your I-765 is approved, you will get your EAD card and you will have to take it to your local SSN office and apply for a SSN. Having your EAD (employment authorization) card allows you to apply for a SSN. Also no matter what, you will need a SSN to work legally.
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
If you have valid L-2 status, you need to apply for your EAD (file I-765 with USCIS) to be able to work legally. Once your I-765 is approved, you will get your EAD card and you will have to take it to your local SSN office and apply for a SSN. Having your EAD (employment authorization) card allows you to apply for a SSN. Also no matter what, you will need a SSN to work legally.
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pcs
04-20 03:20 PM
Pl. send me the contact tel nos & names
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titu1972
07-03 03:58 PM
Please contribute...
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newuser
04-20 03:25 PM
I will be able call after 6:30 PM EST.
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aps
08-09 12:20 AM
:rolleyes:I mailed my I-485 application on July30 and it is delivered on next day.
My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.
I have copied the question from faq3. It is the first question.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Please explain if you have any idea about this.
My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.
I have copied the question from faq3. It is the first question.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Please explain if you have any idea about this.
more...
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maddipati1
01-30 01:39 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
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actaccord
02-23 03:01 PM
to spread the words to all IV members ? Please send the same message you have posted in local chapters to all IV members. We will get additional hands and minds to make this event successful.
Poster to spread the word.. (http://pennyappware.com/myposter.pdf)
Poster to spread the word.. (http://pennyappware.com/myposter.pdf)
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Ramba
07-14 06:18 PM
You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
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Suva
11-11 12:57 AM
Good one...
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
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arvindkappula
01-19 12:19 AM
Since my statement about making copies of offical US documents is causing confusion, let me rephrase & elaborate -
I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.
Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.
Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
I, as many of you were, was stopped and requested to provide proof of immigration status. I had a color photocopy of my US Visa Stamp of my passport.
Besides the fact that the Border Patrol agent denied the photocopy as proof of immigration status, he did let me go as soon as I provided my College ID and a DL, warning me that it is against the law to make a photocopy of an official US IMMIGRATION document FOR PERSONAL USE. I did argue about the scenario if I ended up losing my passport and vital documents, which is why I had made copies. He shook his head and repeated the same - NO PHOTOCOPIES OF OFFICIAL US IMMIGRATION DOCUMENTS FOR PERSONAL USE. So, while you are allowed to provide photocopies of official US documents for official government purposes, you cannot make copies of official US IMMIGRATION documents for personal use. I have a pretty busy schedule so I don't have the patience to search, cut and paste the section of the law which refers to this since I did research this at that time and deemed correct the Border Agent's warning.
Are you sure that you were able to make a color photocopy of your passport? How did you manage to do that, at your work copy machine or from Kinko's, Staples, office depot, or some where else?
The reason I am asking is, in FL, recently I tried to take color copies of my passport in Staples, where I was not allowed to take photocopies of passport which was clearly labeled on copy machine and same thing at Kinko's and I wonder how you managed to get color copies.. (sorry folks my questions was way out from the main topic of this post).
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bec
10-15 04:53 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
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sanju_dba
07-24 11:15 AM
The early the 485 filing , the early you are from your citizen ship date?
nag2007
04-03 01:52 PM
Not yet Filed EAD. PD MARCH 2005
javadeveloper
05-15 05:50 PM
I also know cases where during the time of campus placement, all A grade companies required US citizenship/Green Card status. Imagine doing a 100K+ investment and then listening to this crap - ooops you do not have GC......right now we are not sponsoring H1-B...........
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
I Agree.
But what I feel is it's better to work as Manager(& in higher positions) in India than A developer/Lead in USA.
I'll become old and loose interest in career By the time I get GC and completing mba .
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
I Agree.
But what I feel is it's better to work as Manager(& in higher positions) in India than A developer/Lead in USA.
I'll become old and loose interest in career By the time I get GC and completing mba .
