GCBy3000
03-16 02:47 PM
Dude it is legal and why are you annoyed with people who play by rules. Though I did not use this eventhough I could, it does not mean I should hate who uses this law. I bet, if you had even a very thin chance of doing this one without jeopradizing your existing job and status, you would have gone for it.
You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
You could do whatever is good for you within the limits of law. No matter what you do, always there will be some people who will not be happy for some reason.
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
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ChainReaction
08-09 08:17 AM
I called the 800# today bec the TSC IO told me to check back after45 days and now I was told to wait for 90 days bec of the JulyAug backlog. After I conversed with the IO I told them what if the application is lost , should i be refiling my 485 , since the deadline is Aug17, so she transfered me to her super wiser and he looked for my name in the system and told me there is no update so far and he is placing an inquiry and that will take another 30 days and there is nothing else he can do in regards... And the wait of 30 or 90 days is way passed the Aug17th deadline.
I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?
There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?
I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?
There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?
Jaime
09-12 01:52 PM
Hi,
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
Just like Tesco says! Thanks!
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
Just like Tesco says! Thanks!
2011 i miss you quotes and sayings
santb1975
07-01 09:42 PM
We have been there and done that. If someone can get results through an online petition please be my guest and take the lead on the initiative. I will gladly wait to be 1000002'nd person signing the petition.
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ak_2006
06-10 12:36 PM
Thanks Pappu to bring this to every notice of IV Community. It looks like they want to send every body out except citizens or GC holders.
feedfront
09-23 12:14 PM
Hi All,
Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.
My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.
If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.
I would go for employer B, as my misery would be short. You are current and it's just few weeks (unless something goes wrong) + 6 months of misery working with current employer (max 9 months :cool: ) . You can work part time with C to cover up your H1B fees.
Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.
My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.
If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.
I would go for employer B, as my misery would be short. You are current and it's just few weeks (unless something goes wrong) + 6 months of misery working with current employer (max 9 months :cool: ) . You can work part time with C to cover up your H1B fees.
more...
tooclose
07-13 09:47 AM
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
Source please... or are you just kidding ?
2010 i love you quotes and sayings
baleraosreedhar
08-11 01:32 PM
Please count me also for contribution for making EB3 life easy and to reassure a HOPE of reaching end of tunnel
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mantric
02-17 05:07 AM
canuck has a point, although his wording is not the best.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
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ilamurughu
07-11 08:44 PM
Hi...
LC filing state : CA
PD : Oct 2003
Labour approval : Sep 2006
I-140 approval : Oct 2006
I - 485 : Documents sitting with Attorney and advising to wait until Oct'07...
LC filing state : CA
PD : Oct 2003
Labour approval : Sep 2006
I-140 approval : Oct 2006
I - 485 : Documents sitting with Attorney and advising to wait until Oct'07...
more...
nixstor
07-03 05:25 PM
nixstor,
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
Paskal,
It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
Paskal,
It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.
hot I+love+you+quotes+and+
nixstor
07-04 08:56 PM
Excellent analysis but it does have flaws
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs
a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)
Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs
a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)
Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.
more...
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paskal
01-26 02:46 AM
dear friend,
we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
let me put two things to you simply:
1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.
2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.
please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
thanks for reading...
we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
let me put two things to you simply:
1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.
2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.
please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
thanks for reading...
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ajju
02-20 03:55 PM
Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.
From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.
Ok now shoot me down.
Good calculation... On brighter side.. if I assume being 2%.. the numbers would be 7500.. Hope its enough to clear out with just the extra EB1 quotas in this quarter.. And then, next quarter we see some more progress for EB2 India.. Just a wishful thinking...
From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.
Ok now shoot me down.
Good calculation... On brighter side.. if I assume being 2%.. the numbers would be 7500.. Hope its enough to clear out with just the extra EB1 quotas in this quarter.. And then, next quarter we see some more progress for EB2 India.. Just a wishful thinking...
more...
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mariner5555
03-06 06:48 AM
Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!
On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.
8 years later, the history is repeating itself.
500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.
Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!
Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?
personally I know many friends who did not buy house and are happy that they didnt (as it gave them flexibility). one of them is IITian who chose not to apply for a green card and he went back (and is at a higher post in mumbai).also I know many friends who bought house and are repenting because they brought it at height of bubble - they feel they should have waited for a longer time as they could have brought house in a better location (now they are staying 50 miles away from airport and 25 miles away from job in tough commute) - so personal experiences dont mean much.
BTW --housing is not the best way to become rich (unless you were successfully buying and selling houses (flipping) during the golden boom days - i.e 2003 - 2007) ..those days are gone and probably we wont see that again in our lifetime.
there are many articles nowadays which give you an example of the above ..also prices maybe lower ..but it will go down more ..and those who buy should think of their house as a place to stay(and if they really need the large space) ..not necessarily an investment.
On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.
8 years later, the history is repeating itself.
500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.
Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!
Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?
personally I know many friends who did not buy house and are happy that they didnt (as it gave them flexibility). one of them is IITian who chose not to apply for a green card and he went back (and is at a higher post in mumbai).also I know many friends who bought house and are repenting because they brought it at height of bubble - they feel they should have waited for a longer time as they could have brought house in a better location (now they are staying 50 miles away from airport and 25 miles away from job in tough commute) - so personal experiences dont mean much.
BTW --housing is not the best way to become rich (unless you were successfully buying and selling houses (flipping) during the golden boom days - i.e 2003 - 2007) ..those days are gone and probably we wont see that again in our lifetime.
there are many articles nowadays which give you an example of the above ..also prices maybe lower ..but it will go down more ..and those who buy should think of their house as a place to stay(and if they really need the large space) ..not necessarily an investment.
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actaccord
02-17 08:36 AM
one of the reason I would like Core Team to consider sending email about the Advocacy Day.... that email will get more inactive member like Chandu who got greened and has no good reason (nothing wrong abt it...most of us do the same) to continue visiting IV. Please consider sending one email on Feb and March.
If someone gets out because of this email I am sure he/she is not going to work on any IV activities even if IV never sent any email. Those members join IV just for some free advice and nothing else.
Pappu & StarRun consider this request and let us know where we stand on this. I had collected some content from this forum for flyers ( decided not to pursue further after discussion and advice from StarRun).
On side note, I agree with Chandu regarding convincing our spouse on these kind of expense and participation is really tough a job. We have bought up by teaching/preaching any activities other than studying (for grownups working) is not worth it.
I agree with you. I thought about it and decided to come to DC. I was greened last year and definitely IV was a very big factor in my GC journey. I have not been logging onto IV for a while as I have been very busy with my personal life, and job tensions, kid etc.. and all sorts of other things.
After GC, your life usually changes only if you want it to change. I am still in the process of understanding how best to change. As of now, nothing changed - not even my job :).
I am surprised that people still do not want to help themselves. I see everyone looking at the visa bulletin and getting frustrated, but why do people n ot take the extra step?, I really don't understand. I urge members to come forward and help yourselves. - Please.
If someone gets out because of this email I am sure he/she is not going to work on any IV activities even if IV never sent any email. Those members join IV just for some free advice and nothing else.
Pappu & StarRun consider this request and let us know where we stand on this. I had collected some content from this forum for flyers ( decided not to pursue further after discussion and advice from StarRun).
On side note, I agree with Chandu regarding convincing our spouse on these kind of expense and participation is really tough a job. We have bought up by teaching/preaching any activities other than studying (for grownups working) is not worth it.
I agree with you. I thought about it and decided to come to DC. I was greened last year and definitely IV was a very big factor in my GC journey. I have not been logging onto IV for a while as I have been very busy with my personal life, and job tensions, kid etc.. and all sorts of other things.
After GC, your life usually changes only if you want it to change. I am still in the process of understanding how best to change. As of now, nothing changed - not even my job :).
I am surprised that people still do not want to help themselves. I see everyone looking at the visa bulletin and getting frustrated, but why do people n ot take the extra step?, I really don't understand. I urge members to come forward and help yourselves. - Please.
more...
makeup what I+love+you+quotes+and
mbartosik
09-19 03:52 AM
first - glad you liked my little skit / comedy show, Arman asked me to write a speech, I don't think that was quite what he had in mind when he asked me to speak :D
That was actually a toned down version of my skit :D I took out many of gags and would have loved to put more in.
I hope that a video will be posted, the crowd reaction was fantastic, at least that's what it sounded like from the stage. I had so many people coming up to me after. I've still not quite come down from it. It was fun to deliver too.
------
I like to idea of legalimmigrationvoice.org
legalimmigrationvoice.com points here, but I see that
legalimmigrationvoice.org has this
"If you are interested to have this website please contact us at registerflyaccount@yahoo.com"
I hope that was one of us that registered it (not a camper).
On the rally I saw lots of positive reactions, and just one negative reaction, and I think that he could not read or just assumed illegal, he called out "it will never happen". Even if we had signs that said "We are legal" some would still assume that we were undocumented because they would think that we were only claiming not to be criminals since crossing the boarder without presenting oneself for inspection is technically a civil offense I think. If we all wore suits the mistake would have been made less. The undocumented issue is so embedded in the public's minds.
Signs do need to be more brief.
The anonymity of a forum alias is not a good thing I think. Although the aliases are often cute. Some people called and asked if they had to give their names at registration. The boggy man will not get us! Big brother is not watching, remember he can only afford $2 for name check, so he cannot afford prospection glasses. Also it is handy to know people's names.
Yes we are mostly Indian and mostly Indian and Chinese have really bad delays. But it is unhelpful refer to Indians and Chinese joining forces, or this being an Indian org. etc. I put a lot of effort into trying to show my face in places to make the point that we are not just Indians and Chinese.
(Being a minority Anglo Saxon here I also put a lot of effort into emphasizing dropping country quotas.)
I wore a suit, 3 piece, yes my shirt was sweaty, but that was not caused by the rally it is was my crazy schedule of back to back meetings, and running around logistics organizing. Ironically I rarely wear a suit at work.
Maybe holding a few signs with our job titles would make the point. I think that would have helped reporters pick people out for interviews.
I think that Aman learnt that he needed at least 2 personal assistants on the day.
That was actually a toned down version of my skit :D I took out many of gags and would have loved to put more in.
I hope that a video will be posted, the crowd reaction was fantastic, at least that's what it sounded like from the stage. I had so many people coming up to me after. I've still not quite come down from it. It was fun to deliver too.
------
I like to idea of legalimmigrationvoice.org
legalimmigrationvoice.com points here, but I see that
legalimmigrationvoice.org has this
"If you are interested to have this website please contact us at registerflyaccount@yahoo.com"
I hope that was one of us that registered it (not a camper).
On the rally I saw lots of positive reactions, and just one negative reaction, and I think that he could not read or just assumed illegal, he called out "it will never happen". Even if we had signs that said "We are legal" some would still assume that we were undocumented because they would think that we were only claiming not to be criminals since crossing the boarder without presenting oneself for inspection is technically a civil offense I think. If we all wore suits the mistake would have been made less. The undocumented issue is so embedded in the public's minds.
Signs do need to be more brief.
The anonymity of a forum alias is not a good thing I think. Although the aliases are often cute. Some people called and asked if they had to give their names at registration. The boggy man will not get us! Big brother is not watching, remember he can only afford $2 for name check, so he cannot afford prospection glasses. Also it is handy to know people's names.
Yes we are mostly Indian and mostly Indian and Chinese have really bad delays. But it is unhelpful refer to Indians and Chinese joining forces, or this being an Indian org. etc. I put a lot of effort into trying to show my face in places to make the point that we are not just Indians and Chinese.
(Being a minority Anglo Saxon here I also put a lot of effort into emphasizing dropping country quotas.)
I wore a suit, 3 piece, yes my shirt was sweaty, but that was not caused by the rally it is was my crazy schedule of back to back meetings, and running around logistics organizing. Ironically I rarely wear a suit at work.
Maybe holding a few signs with our job titles would make the point. I think that would have helped reporters pick people out for interviews.
I think that Aman learnt that he needed at least 2 personal assistants on the day.
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reno_john
06-18 03:55 PM
For people who want to file I-485 filing on their own. Since 485 filing requires only one document from the employer (Employer's letter saying you have the job and its the same job description), its possible to file 485 by oneself without additional help from lawyer or employer. This is a thread for that purpose. Even those who have the help and attention of a good lawyer can use this thread for guidance. This is the initial list of documents that are required for 485 filing and the optional EAD and AP filing. The fee structure is scheduled to change after July 30th. The fees listed below are applicable now thru July 29th.
I-485 DOCUMENT CHECKLIST
1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').
Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.
Fillable I-485 form:
http://www.uscis.gov/files/form/i-485.pdf
Application is sent to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.
3. Two Photographs per 1-485,1-131,1-765
4. Completed form 1-485 for Adjustment of Status
5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.
6. Evidence of Valid Nonimmigrant Status:
Copies of both sides of any and all 1-94 cards
Copies of all 1-797 approval notices
Copies of any and all I-20's (if applicable, both sides)
Copies of all IAP 66 forms
Copies of all PT Work Authorization Cards (if applicable)
Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE
COMPLETED FORM G-325A Biographic Sheet
I-693 form( Every civil surgeon mostly has this form)
Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
Employment Letter in Format
Original for employee, copy for all other
I-765/EAD DOCUMENT CHECKLIST (Optional)
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
Copy of past EAD card front/back sides
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I-131/Advance Parole DOCUMENT CHECKLIST (Optional)
Documents required for Advance parole/ I-131 per person:
Completed form I-131
http://www.uscis.gov/files/form/I-131.pdf
2 photos (full frontal)
USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
copy of EAD card front/back sides,
Copy of I-94 card,
Copy of visa page of passport in color,
Copy of driver's license,
Copy of I-485 receipt notice,
Copy of I-140 approval notice,
Copy of Marriage certificate,
Copy of birth certificate for children and a letter explaining the reason for travel
Signed statement requesting advance parole
I-485 DOCUMENT CHECKLIST
1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').
Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.
Fillable I-485 form:
http://www.uscis.gov/files/form/i-485.pdf
Application is sent to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.
3. Two Photographs per 1-485,1-131,1-765
4. Completed form 1-485 for Adjustment of Status
5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.
6. Evidence of Valid Nonimmigrant Status:
Copies of both sides of any and all 1-94 cards
Copies of all 1-797 approval notices
Copies of any and all I-20's (if applicable, both sides)
Copies of all IAP 66 forms
Copies of all PT Work Authorization Cards (if applicable)
Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE
COMPLETED FORM G-325A Biographic Sheet
I-693 form( Every civil surgeon mostly has this form)
Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
Employment Letter in Format
Original for employee, copy for all other
I-765/EAD DOCUMENT CHECKLIST (Optional)
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
Copy of past EAD card front/back sides
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I-131/Advance Parole DOCUMENT CHECKLIST (Optional)
Documents required for Advance parole/ I-131 per person:
Completed form I-131
http://www.uscis.gov/files/form/I-131.pdf
2 photos (full frontal)
USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
copy of EAD card front/back sides,
Copy of I-94 card,
Copy of visa page of passport in color,
Copy of driver's license,
Copy of I-485 receipt notice,
Copy of I-140 approval notice,
Copy of Marriage certificate,
Copy of birth certificate for children and a letter explaining the reason for travel
Signed statement requesting advance parole
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fide_champ
04-09 08:33 AM
It's sad that such a thing happened if it ever happened. The POE officer definitely is going out of his jurisdiction to deny entry to the H1B person. Personally i never had any issues while entering US from Newark,NJ POE. The last time i entered the only question he asked me was "who makes more money, you or your wife" and the officer was very friendly and cracked some jokes as well.
So i have to question the validity of such news if it's coming from a third-party.
So i have to question the validity of such news if it's coming from a third-party.
rockstart
03-12 11:56 AM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
Check your Perm Labor Section F column 2
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
Check your Perm Labor Section F column 2
GCBy3000
01-16 10:10 AM
I have already signed up through my bank to send $20 everymonth to IV. It will also have memo with my name gcby3000.
So you can count me against $20.
So you can count me against $20.