bestia
08-31 11:23 PM
you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!
Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.
BTW, the link works without 'www' (stone to abc's IT guys)
http://abcnews.go.com/Business/story?id=3526093&page=1
Well.. this is how I understood "He applied for his so-called green card, [...], in 2004" if it means LC, then the article is correct. but then "eight years ago" - doesn't make sense.
BTW, the link works without 'www' (stone to abc's IT guys)
http://abcnews.go.com/Business/story?id=3526093&page=1
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sanjay
01-26 04:28 PM
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
Humhongekamyab
08-14 10:50 AM
Two year EAD received yesterday; PD current.
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sameer2730
11-21 09:12 AM
And if it plays by money may be have an auction for GC ... highest bidder gets it first ;)
There is a seperate quota for that as well. 1 million invested and you will get a GC.
There is a seperate quota for that as well. 1 million invested and you will get a GC.
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mariusp
02-20 05:15 PM
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
I am trying to figure out the impact of this ruling on the current usage of visa numbers.
I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.
Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numvers for the year.
Any ideas guys??
I am trying to figure out the impact of this ruling on the current usage of visa numbers.
I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.
Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numvers for the year.
Any ideas guys??
Jimi_Hendrix
12-13 12:51 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
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24fps
02-21 01:46 AM
This does sound strange, do you know what was the reason for this officer's visit to your employer two months back? also, i would suggest make sure all your paper work is fine, I mean LCA etc. indicating your correct place of work and right wages.
first of all make sure it was a genuine call
call USCIS back and find out if there is a visit scheduled for your house
also be carefull, check all credentials of whoever wants to come to your house
economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc
ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer
first of all make sure it was a genuine call
call USCIS back and find out if there is a visit scheduled for your house
also be carefull, check all credentials of whoever wants to come to your house
economy is bad, recession is in ,the crime rate is going to get bad, especially against immigrants etc
ps also i would second the visit at your office place instead and if need be , in the presence of a lawyer
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kondur_007
06-10 04:17 PM
I 100% agree with you about visa capture...there is no way any of us will get GC without "spill over" from ROW category and that will happen if visa capture happens...
Without the spill over from ROW it will be 20+ yrs (many people have posted the calculations...).
However, The one thing that just does not make any sense (It is also there in Mr. Oppenheim's statement):
They have 120k preadjudicated applications and if they have quota of 140k next fiscal year, are they goint to give GC to those 120k.....??????
Not really, because many of those 120k include people with highly retrogressed PD.
For example: if EB2 ROW is "current" in Jan 2010, and say someone from EB2ROW files 485 (his PD may be in mid 2008), they will have to give him GC first eventhough they may have a "preadjudicated" EB2 India case with PD of 2005. (if it is not current then).
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
Without the spill over from ROW it will be 20+ yrs (many people have posted the calculations...).
However, The one thing that just does not make any sense (It is also there in Mr. Oppenheim's statement):
They have 120k preadjudicated applications and if they have quota of 140k next fiscal year, are they goint to give GC to those 120k.....??????
Not really, because many of those 120k include people with highly retrogressed PD.
For example: if EB2 ROW is "current" in Jan 2010, and say someone from EB2ROW files 485 (his PD may be in mid 2008), they will have to give him GC first eventhough they may have a "preadjudicated" EB2 India case with PD of 2005. (if it is not current then).
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
more...
palemguy
08-19 11:15 AM
PD: April 20, 2004
service center:NSC
I -140 approval date: Jan 8, 2007
I-485 RD: July 3, 2007
LUD on 140: 4/9/2008
LUD on AP: 8/8/2008
I-485 Approval: Hope to see it very soon
I have opened an SR as my case is out side the normal processing time. I have infopass appointment on Aug 27, 2008.
I will post my experience once I am done with my infopass or if I hear anything from NSC.
service center:NSC
I -140 approval date: Jan 8, 2007
I-485 RD: July 3, 2007
LUD on 140: 4/9/2008
LUD on AP: 8/8/2008
I-485 Approval: Hope to see it very soon
I have opened an SR as my case is out side the normal processing time. I have infopass appointment on Aug 27, 2008.
I will post my experience once I am done with my infopass or if I hear anything from NSC.
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pd_recapturing
06-19 10:12 AM
^^^^BUmp^^^^
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USDream2Dust
04-09 12:38 PM
Ok disclaimer first. I do work directly with employer and not a consultant.
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
I think there is an ongoing debate over it whether consultant companies should be allowed for H1b's and green cards or not. Let me be very honest. There are so many US employers who do not want to get into mess of H1b's but still want talent. These desi or videsi consultant firms feed on them and people like you and me searching for jobs. It is generated out of necessity on both ends.
There are some very very big consulting firms too and not to Mom and Pop Desi shops.
I feel for both sides and the real problem is to have multiple H1's and H1b's sitting on bench which is even worst. So either they hire and pay and make their responsibility to find job or don't file for H1b's
USDream2dust
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minimalist
10-23 10:31 AM
All the people who crib about red dots: There is nothing IV can do about it.
This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.
Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.
Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?
Think about it people.
With a comment "ooooo". I want the IV admin's to find out who that coward is and ban them from any and every board that is out there on internet. If they don't do it, I will be so scared of posting any of my thoughts in future as that person will come and give me more red , depriving IV of a valuable member.
Just kidding. As you guessed, things are a little slow at work today.
This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.
Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.
Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?
Think about it people.
With a comment "ooooo". I want the IV admin's to find out who that coward is and ban them from any and every board that is out there on internet. If they don't do it, I will be so scared of posting any of my thoughts in future as that person will come and give me more red , depriving IV of a valuable member.
Just kidding. As you guessed, things are a little slow at work today.
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for_gc
07-23 11:27 AM
Hi Sanbaj,
Congratulations for getting your GC !!
What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
Congratulations for getting your GC !!
What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
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H1bslave
11-19 03:35 PM
Its okay, some folks do not see in-direct benefit to them, but once they see the value they will stop complaining. We shouldn't just stop due to opposition. I agree this doesn't provide direct benefit to all and it is expected that people will oppose. It is the nature of human being, I bet if you start a debate over EB-2 & Eb-3, lot of people from EB-3 will complain and who are from EB-2 will be all over to save their spot in queue, and those who have jumped from Eb-3 to Eb-2 will just be silent watchers. I don’t blame them either, this is the irony of being EB I/C, which builds so much frustration. But given the current situation, we have not been able to get anything accomplished in last year or so, and no big CIR in near future, we should start looking for ways to get small fixes, could be recapture, five year EAD-AP, discounting dependents, etc. There are so many avenues we could explore, don’t know which one may work, but if it works if benefits everybody in one way or other.
my 2�
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)
my 2�
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)
more...
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saketkapur
11-21 04:25 PM
I-485s Not Tracked by Priority Date
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
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bondgoli007
03-22 11:30 AM
I am in the Bay Area, CA and have atleast 3 other people who are ready to approach the reps and senators.. can any of the senior CA chapter members guide me please?
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WeShallOvercome
09-10 11:46 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
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ngopikrishnan
08-19 08:32 PM
Can someone please post a sample employment verification letter? Thanks!
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sats123
06-19 09:51 PM
Here is another part of story.
My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.
De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.
I don't know if I am in a trap or something.
My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.
De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.
I don't know if I am in a trap or something.
forever
08-06 09:10 PM
It looks like USCIS has deployed the same random selection program, used for new H1B selection, to process I-485 applications.:(
gsc999
05-22 03:51 PM
Lol, Agree with this. We need to include this amendment in the agenda :D
---
We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. We know now what to do.
On a different note. We could request these senators to introduce an amendment that will create a new category of visa called "H-2-Z" visa for people who give up on getting a green card based on employment based system but may find it easier to refile under Z visa category by becoming illegals.
---
We have been model "future citizens" by paying all our taxes, abiding by civic laws and meticulously making sure that we never get out of our precarious H-1 B visa status. This is how we are rewarded. This isn't a "grand bargain" it is not even an "amnesty" as many anti-immigrants are labeling it, this is worse, it is a "travesty." Bravo US Senate, you just proved that playing by the rules is such an unAmerican trait. We learn that from your grand bargain. Better late than never. We know now what to do.
On a different note. We could request these senators to introduce an amendment that will create a new category of visa called "H-2-Z" visa for people who give up on getting a green card based on employment based system but may find it easier to refile under Z visa category by becoming illegals.
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