lfgc
04-04 09:24 AM
usually, non-profit work may seem thankless & there'll always be someone who can find something -ve...I mean you have so much population that difference of opinion is easy. But, non-profit work is always more close to the heart...so...keep chugging...IV team has done GREAT work till now...appreciate it much!
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lazycis
12-18 03:14 PM
As per AC21 rule, it is from Receipt. However, let's put some practicality into the matter. Some IO's interpret the rule wrongly and used Notice Date instead. So what will happen? Your GC denied for wrong reasons and you file for MTR because it was USCIS mistake. If you're willing to take the chance, then go. If not, better use Notice Date for practicality purposes and to avoid all the hassle of MTR, etc.
Very good point. It's not worth the hassle to take a chance unless it's absolutely necessary.
Very good point. It's not worth the hassle to take a chance unless it's absolutely necessary.
waitnwatch
05-27 10:45 AM
Since I am older and wiser now, I can easily take them.
Yes, I must correct myself. It is not 525 (even though that is what the ever hurrying radio talk show hosts said).
That's even better. Percentage wise it is now 300/435. How about that?
I was away this morning for a big community project that I am involved in. I wanted to round that off with a morning brunch with the Congressman I quoted, but couldn't pull it off. I had met Mr. Mark Udall a couple of times in Friendship and Business Chamber get together in Denver, CO. He is a fine gentleman.
I prey his words come true at the earliest. Got to go. Have to mow the lawn, as per home minister/ interior secretary.
Bye. Ciao.
I have a quick question about Udall. He is the Boulder and Longmont representative and a Democrat. This gentleman though voted against S1932 (hope I got the December bill right) when it went to the house. Do correct me if I am wrong. That was an appropriations bill so his view on immigration may not directly be represented by his vote. Would you by any chance know where Udall himself stands on the whole issue.
Yes, I must correct myself. It is not 525 (even though that is what the ever hurrying radio talk show hosts said).
That's even better. Percentage wise it is now 300/435. How about that?
I was away this morning for a big community project that I am involved in. I wanted to round that off with a morning brunch with the Congressman I quoted, but couldn't pull it off. I had met Mr. Mark Udall a couple of times in Friendship and Business Chamber get together in Denver, CO. He is a fine gentleman.
I prey his words come true at the earliest. Got to go. Have to mow the lawn, as per home minister/ interior secretary.
Bye. Ciao.
I have a quick question about Udall. He is the Boulder and Longmont representative and a Democrat. This gentleman though voted against S1932 (hope I got the December bill right) when it went to the house. Do correct me if I am wrong. That was an appropriations bill so his view on immigration may not directly be represented by his vote. Would you by any chance know where Udall himself stands on the whole issue.
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crojasm12
04-15 08:11 PM
I will next month. Using same/similar job. And also, my lawyer said that we do not need to send AC-21 letter to USCIS, wait for the RFE, if any. So don't worry and enjoy this small freedom.
more...
gg10004
07-13 10:39 AM
reliable source says July applications will be accepted until July end and everything will be current in August bulletin also.
reliable source - lawyer knows someone on---
reliable source - lawyer knows someone on---
kalyan
04-04 12:57 PM
L1 A are managerial positions. they can apply in EB1 through employer. Hence it is possible to get GC in Green Cards.What he is saying is true.
L1 A are managerial positions
L1 B are like H1B except they worked for their parent company for a period of 1 year or more out of US
L2 's get EAD within 8-12 weeks and they can start working.
But unless he uses GC and get out of that company, he wont be earning near to minimum H1 B wages.
Satyam pays L1B only 41K. that's pathetic. Same with Wipro, Infosys, TCS , they are misers for L1 and H1B for employees.
L1 A are managerial positions
L1 B are like H1B except they worked for their parent company for a period of 1 year or more out of US
L2 's get EAD within 8-12 weeks and they can start working.
But unless he uses GC and get out of that company, he wont be earning near to minimum H1 B wages.
Satyam pays L1B only 41K. that's pathetic. Same with Wipro, Infosys, TCS , they are misers for L1 and H1B for employees.
more...
bushman06
03-31 05:25 PM
Done
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shirish
01-04 12:21 PM
If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?
By the way any idea, which bill this provision will be part of? and wen is it getting tabled?
By the way any idea, which bill this provision will be part of? and wen is it getting tabled?
more...
pappu
05-01 11:56 AM
During the Fox news channel interview of Aman Kapoor, I heard the issue of Drivers licence renewal mentioned. I have heard that people who have one year or less than one year on their work permit have difficulty getting renewals.
Is that true and if yes, is it in every state?
Has IV mentioned this issue with the senetors etc as part of the backlog and retrogression issue?
Pls. post more details if you know. It would help us to be more aware and educated about this issue so that we can address this with more details when we contact other people and our employers.
Is that true and if yes, is it in every state?
Has IV mentioned this issue with the senetors etc as part of the backlog and retrogression issue?
Pls. post more details if you know. It would help us to be more aware and educated about this issue so that we can address this with more details when we contact other people and our employers.
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gsc999
05-27 04:17 PM
House is currently controlled by the Republicans. If they do not pass the bill it would give the perception that the Bush admin. is ineffective. Bush's public rating have nose dived because of Iraq and now but if the bill doesn't pass it will show that he has no support in his own party. His core base is conservative Rep.
Also, it would be better for Republicans to pass the bill with some changes while they still control the house, once Dems gain House majority it may be too late for them to steer the passage of this bill with their amendments. This is a major issue, which I think will push them to pass this bill.
Bush will have to lean hard on some of the House Republicans to make this happen. He has publically commented on his intention of signing the bill by the end of the year.
These issues make me believe that House has to pass a bill. But again, politics is not logical.
Also, it would be better for Republicans to pass the bill with some changes while they still control the house, once Dems gain House majority it may be too late for them to steer the passage of this bill with their amendments. This is a major issue, which I think will push them to pass this bill.
Bush will have to lean hard on some of the House Republicans to make this happen. He has publically commented on his intention of signing the bill by the end of the year.
These issues make me believe that House has to pass a bill. But again, politics is not logical.
more...
pom
05-17 06:13 PM
DJ, that's a great volley! And thanks for the psd, it's real interesting. I wished everybody did the same *tears* then the world would be a better place! *sob*
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Ram_C
11-19 01:07 PM
waiting from 2005 is not at all a big deal, some folks here are waiting for a decade to get a chance to apply for 485 (due to BEC black hole, having to restart GC process from scratch due to various reasons ..etc)
no offense though..
good luck :)
no offense though..
good luck :)
more...
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H1bEmployer
09-16 04:47 PM
50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6
Thanks
Thanks
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sundarpn
07-10 10:35 AM
How do we know if you have 40 credits?
Where do we check or compute this?
Where do we check or compute this?
more...
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imh1b
04-20 10:04 AM
I'm gonna write too. But can someone post a draft. Instead of a letter saying please give me greencard I do not have one.... we should have a letter saying please do admin fixes and these are the fixes.
If they send it to USCIS then USCIS will not send you a reply saying your PD is not current. So we cannot do Admin fixes.
If they send it to USCIS then USCIS will not send you a reply saying your PD is not current. So we cannot do Admin fixes.
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glen
05-01 03:49 PM
In FL, it is being extended to only 1-94 date.
more...
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poorslumdog
03-18 12:03 AM
Let them inform. Logically nothing should happen. The company wants to be in the safer side by informing USCIS.
Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
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msp1976
03-10 07:24 PM
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
They are legally not irresponsible....They very well know what is going on....
They are the ones who designed the whole doggone system....
At the worst you can say that they are ethically wrong...
They have no obligation to explain anything to you...
In fact some would tell you to wait for two years to file for green card and they would be well within their rights...
For a class action suit you need a credible argument.
The way the law is structured...we do not have a very good argument..
If you do find good argument let us know..I am sure there are members who would be interested...
Also who exactly would you sue ?? People have tried suing USCIS already with not much of success...
If you sue your employer..there goes your job...
The best recourse we have at present is through legislative efforts...
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
They are legally not irresponsible....They very well know what is going on....
They are the ones who designed the whole doggone system....
At the worst you can say that they are ethically wrong...
They have no obligation to explain anything to you...
In fact some would tell you to wait for two years to file for green card and they would be well within their rights...
For a class action suit you need a credible argument.
The way the law is structured...we do not have a very good argument..
If you do find good argument let us know..I am sure there are members who would be interested...
Also who exactly would you sue ?? People have tried suing USCIS already with not much of success...
If you sue your employer..there goes your job...
The best recourse we have at present is through legislative efforts...
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vikki76
05-22 02:34 PM
Your example demonstrates clearly how screwed up is this new proposed immigration bill .
dan19
02-08 05:54 PM
Read this...United Nations had posted this in some other forum.
>>>>
Here is the easiest reading. It is from November 2005 bulletin. They specifically stated that the 7% limit was going to apply.
http://travel.state.gov/visa/frvi/b...letin_2712.html
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
WILL THERE BE CUT-OFF DATES FOR ANY ADDITIONAL FOREIGN STATES IN THE FIRST AND SECOND PREFERENCE CATEGORIES?
It may be necessary to establish a cut-off date for the “All Chargeability Areas” Second preference category at some point during the second half of the fiscal year. It is too early to estimate whether future demand will warrant such action. As of October 1st, cut-off dates for the First and Second preferences for China and India were established due to heavy demand; cut-off date movement is expected to be limited until a demand pattern has been determined.
WHY ARE THERE CUT-OFF DATES THIS YEAR AS OPPOSED TO PREVIOUS YEARS, WHEN THE CATEGORIES WERE CURRENT?
While the Employment categories had been “Current” for almost four years, several important factors affected the decision to implement cut-offs for FY-2006.
Prior to July 2001, demand for Employment numbers was such that cut-off dates were in effect for many categories, and that is the case once again for FY-2006.
The reasons the Employment categories had become current were:
The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a “pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, and allowed those recaptured numbers to be used by the oversubscribed countries, and
The substantial decline in demand for numbers for adjustment of status cases prevented the annual limits from being reached for several years.
In FY we are faced with continuing heavy demand due to the DHS and DOL backlog reduction efforts, along with an Employment limit which is approximately 40% lower than that of FY-2005. The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation.
WHAT ABOUT SCHEDULE A NUMBERS?
The 50,000 Schedule A numbers will provide relief to many Employment preference applicants, since any Schedule A applicant whose priority date is beyond the relevant Employment preference cut-off date can be processed and charged against the 50,000 limit. It is expected that Schedule A numbers will be available on a “Current” basis throughout all of FY-2006.
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
>>>>
Here is the easiest reading. It is from November 2005 bulletin. They specifically stated that the 7% limit was going to apply.
http://travel.state.gov/visa/frvi/b...letin_2712.html
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
WILL THERE BE CUT-OFF DATES FOR ANY ADDITIONAL FOREIGN STATES IN THE FIRST AND SECOND PREFERENCE CATEGORIES?
It may be necessary to establish a cut-off date for the “All Chargeability Areas” Second preference category at some point during the second half of the fiscal year. It is too early to estimate whether future demand will warrant such action. As of October 1st, cut-off dates for the First and Second preferences for China and India were established due to heavy demand; cut-off date movement is expected to be limited until a demand pattern has been determined.
WHY ARE THERE CUT-OFF DATES THIS YEAR AS OPPOSED TO PREVIOUS YEARS, WHEN THE CATEGORIES WERE CURRENT?
While the Employment categories had been “Current” for almost four years, several important factors affected the decision to implement cut-offs for FY-2006.
Prior to July 2001, demand for Employment numbers was such that cut-off dates were in effect for many categories, and that is the case once again for FY-2006.
The reasons the Employment categories had become current were:
The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a “pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, and allowed those recaptured numbers to be used by the oversubscribed countries, and
The substantial decline in demand for numbers for adjustment of status cases prevented the annual limits from being reached for several years.
In FY we are faced with continuing heavy demand due to the DHS and DOL backlog reduction efforts, along with an Employment limit which is approximately 40% lower than that of FY-2005. The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation.
WHAT ABOUT SCHEDULE A NUMBERS?
The 50,000 Schedule A numbers will provide relief to many Employment preference applicants, since any Schedule A applicant whose priority date is beyond the relevant Employment preference cut-off date can be processed and charged against the 50,000 limit. It is expected that Schedule A numbers will be available on a “Current” basis throughout all of FY-2006.
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
Dhundhun
06-04 05:28 PM
Dhundhun,
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
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