CaliHoneB
09-08 10:29 AM
Came here in july 1997
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
filed LC in 2003 thinking it would be useful to stay on H1 as long as possible!! and the rest is on my profile..
I wonder if anybody thinks it makes sense to create a law which simply says after 15 (or some X years) of legal presence in the US you will be given a GC no matter the back ground! In that way we know exactly where the deadline is irrespective of some government agency's whim.
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GC_sufferer
07-06 08:53 AM
Looks like she changed the Article title in NYT.
The initial one is "Agency Mix-Up Denies Applicants Green Cards", and now "Suit Planned Over Visas for the Highly Skilled".
The initial one is "Agency Mix-Up Denies Applicants Green Cards", and now "Suit Planned Over Visas for the Highly Skilled".
asdfred
08-12 01:27 PM
they are not approving h1s for consulting companies anyway
2k more is not back breaking..the attitude and the politics of it are disturbing
*edit
2k more is not back breaking..the attitude and the politics of it are disturbing
*edit
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amslonewolf
08-13 05:27 PM
EB3 from June 2008 bulletin
All Charge-ability Areas -1-Mar-06
China - 22-Mar-03
India - 1-Nov-01
Mexico - 1-Jul-02
Philippines - 1-Mar-06
September 2008 bulletin -Comment
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.
For example, Philippines is 1-Mar-06 and India is 1-Nov-01.
Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..
All Charge-ability Areas -1-Mar-06
China - 22-Mar-03
India - 1-Nov-01
Mexico - 1-Jul-02
Philippines - 1-Mar-06
September 2008 bulletin -Comment
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.
For example, Philippines is 1-Mar-06 and India is 1-Nov-01.
Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..
more...
jonty_11
07-06 05:44 PM
7/06/2007: Temporary Restraining Order of July Visa Bulletin Lawsuit Filed in the U.S. District Court for the Northern District of Illinois as Separate from AILF Class Action
* On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
Ok here I go again in this Chicken and Egg situation......
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
* On July 6, 2007, the attorneys of Azulay, Horn & Seiden lawfirm filed this lawsuit individually in Illinois.
Ok here I go again in this Chicken and Egg situation......
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
Libra
07-15 09:50 PM
I dont know how much my 25 dollars help IV cause, but i want to see eb3_nepa's HIGH FIVE campaign a big success.
USBank billpay, 7YG7S-6Q5RV.
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Green_Always
09-10 10:13 AM
All due to Sub Labour 485 Applications sent during July 2007.
What a wonderful system and process of USCIS where a legitimate applicant has to wait and keep on waiting..
What a wonderful system and process of USCIS where a legitimate applicant has to wait and keep on waiting..
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imv116
07-19 01:39 PM
what are we grouping for?
-imv116
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Edison99
11-16 08:39 AM
Great!
Thanks for the updates�..
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
Thanks for the updates�..
Update. My attorney has sent a letter (interfiling process) to USCIS mentioning that my case is current now. One of my friends got 485 approved within 2 weeks after initiating interfiling process. I hope it would be the same case with me.
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sriramkalyan
07-05 07:36 PM
Looks like some one upset with Donor only calls..
Lot of members got use to Free Food ..
Lot of members got use to Free Food ..
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gc28262
08-23 10:01 AM
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
I agree.
Here is INA 203(2)A:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
I agree.
Here is INA 203(2)A:
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.
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greyhair
04-29 10:36 PM
Link to the video of the Senate immigration
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.cspan.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.cspan.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
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sinhakavinash
07-26 03:44 PM
I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".
Any suggestions??
Any suggestions??
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webm
04-30 03:28 PM
Testimony is going in full mood/swing..questions by questions...to uscis/dos..
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peer123
07-18 08:02 PM
Labor PD: April 29, 2003 (EB3)
140 Approved Date:
140 approved from: NSC
Mailed to NSC: June 1st
Received at NSC: June 4th
Receipt Date : June 5, 2007 This is what everybody gets now ........
Approved I485: Notice date : June 18, 2007
FP Appointment: July 11, 2007
I-485 : PENDING
My application was received on 12 the July but mailed on june 15th...
receipts are received by my lawyer....
what atcually is the notice date...
140 Approved Date:
140 approved from: NSC
Mailed to NSC: June 1st
Received at NSC: June 4th
Receipt Date : June 5, 2007 This is what everybody gets now ........
Approved I485: Notice date : June 18, 2007
FP Appointment: July 11, 2007
I-485 : PENDING
My application was received on 12 the July but mailed on june 15th...
receipts are received by my lawyer....
what atcually is the notice date...
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acharaniya
08-25 09:07 PM
Not sure about which bank would be good but whichever bank you choose make sure that they give you a statement of how much interest you paid over the year. Most people don't realize that you can deduct interest paid for a home loan in India is tax deductible in the US. Just FYI.
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Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
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04-30 02:44 PM
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pani_6
08-04 07:19 PM
I was talking with my American Collegue about this Visa numbers and he heard this & decided to write a letter.I have toned down the harsh language ...but you can consider sending this out also..:)
;)
;)
bestia
03-17 10:21 PM
Not if you file a joint return
Just a question. Why would you file jointly if your wife doesn't work (i.e. doesn't have SSN)?
Just a question. Why would you file jointly if your wife doesn't work (i.e. doesn't have SSN)?
saimrathi
08-23 02:59 PM
I have filed I-129 and I-539 at VSC (RD 7/16/07) and also concurrently file I-140 + 485 at NSC on 7/2/07 (No Checks cashed yet). My H1 and spouse's H4 expires on 9/30/07. And so does our DL.
I called the PA DoT and they said that they need the following documentation for the DL renewal:
H1B & H4 Visa
Passport
I-94
Visa
Proof of employment (For H1 only)
2 Proofs of residency (For H1 only)
Rejection letter from SS Office (for H4 only)
They will not accept a Receipt Notice. They also said that if the Visa wasn’t valid for more than a year, they will not renew DL. I don’t know if they will accept a Visa stamp on the passport or approval of I-129 & I-539 will suffice.
From your experience, at this time, if we apply for PP, will they process my spouse's application along with mine, so both approvals come around the same time? Please advise.
I called the PA DoT and they said that they need the following documentation for the DL renewal:
H1B & H4 Visa
Passport
I-94
Visa
Proof of employment (For H1 only)
2 Proofs of residency (For H1 only)
Rejection letter from SS Office (for H4 only)
They will not accept a Receipt Notice. They also said that if the Visa wasn’t valid for more than a year, they will not renew DL. I don’t know if they will accept a Visa stamp on the passport or approval of I-129 & I-539 will suffice.
From your experience, at this time, if we apply for PP, will they process my spouse's application along with mine, so both approvals come around the same time? Please advise.
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