desi3933
02-10 12:22 PM
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
>> I believed we get at least 7% (cap) + any unused numbers.
Two things -
1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.
On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.
In short, 7% is just a maximum cap, not the minimum quota.
__________________
Not a legal advice.
I did not know of getting less than 7% when there is high demand. :confused:
>> I believed we get at least 7% (cap) + any unused numbers.
Two things -
1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.
On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.
In short, 7% is just a maximum cap, not the minimum quota.
__________________
Not a legal advice.
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09-12 11:08 AM
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nixstor
07-05 12:42 PM
Just my $0.02:
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
>> Are you saying that we as a IV community do not have any responsibility for the funds or any other important issue excluding pin point specific personal situation questions? <<
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
>> Can you please be more specific about what kind of perspectives, idead , opinions that can be helpful to others ? The so called helpful perspectives lack hte basic perspective that this is a community effort and lets do our part. How many called a senator's office or a congress man's office? How many sent email to media? Those who will pay will always pay. Thats why we might never win, because a segment of IV community is not stronger than the whole IV community <<
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
>> Forcing? Are you serious? Would we work for some one for free? We are helping ourselves, working for ourselves. There is absolutely no sense of "ourselves" in your wording. Forcing?? You realized that every one is worried about it but dont do a jack about it. Instead of encouraging people to contribute, you are using terms like forcing. I filed my 485 myself and I have gotten a lot of help from people on IV. I dont understand how losing a bunch of people will be the biggest loss on the face of earth. <<
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
Jayant,
I totally understand what you are saying. We have to streamline our energy and you can see a lot of people are hot right now. Do not consider my response as an intention to flame you. I am concerned that we are not going in the right direction. The media drive threads and the funding threads go out of the home page in one sec. Why? 3 or 4 people has to keep on bumping those threads. When will that stop?
I understand the frustration for IV to gather funds when it has so many members. But it's possible that IV has that many members because it is a free site.
>> Are you saying that we as a IV community do not have any responsibility for the funds or any other important issue excluding pin point specific personal situation questions? <<
If this becomes a paid site, you might see the number of members dwindle, and that's not a good idea because even if members don't financially contribute to IV, they do offer their perspectives/opinions/feedback/critique and help others. Those who want to financially contribute to IV will do so whether IV is a free or a paid site.
>> Can you please be more specific about what kind of perspectives, idead , opinions that can be helpful to others ? The so called helpful perspectives lack hte basic perspective that this is a community effort and lets do our part. How many called a senator's office or a congress man's office? How many sent email to media? Those who will pay will always pay. Thats why we might never win, because a segment of IV community is not stronger than the whole IV community <<
IMHO, it would be a mistake to make IV a paid site thinking that this will force members to financially contribute. Sure IV forums helped a lot with finding information about I-485 applications, but people have been filing I-485s on their own even before IV was in existence. Which is not to say, IV has no value, but I hope you see where I am going with this....if members don't want to contribute, then they won't. They will go to other forums like they used to before IV was in existence...which will be a step down, but at least they are holding on to their $20 or howmuchever.
>> Forcing? Are you serious? Would we work for some one for free? We are helping ourselves, working for ourselves. There is absolutely no sense of "ourselves" in your wording. Forcing?? You realized that every one is worried about it but dont do a jack about it. Instead of encouraging people to contribute, you are using terms like forcing. I filed my 485 myself and I have gotten a lot of help from people on IV. I dont understand how losing a bunch of people will be the biggest loss on the face of earth. <<
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying myself about anything that you might have to say. I would, however, welcome a civil and a healthy discussion.
Jayant,
I totally understand what you are saying. We have to streamline our energy and you can see a lot of people are hot right now. Do not consider my response as an intention to flame you. I am concerned that we are not going in the right direction. The media drive threads and the funding threads go out of the home page in one sec. Why? 3 or 4 people has to keep on bumping those threads. When will that stop?
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Legal
07-04 09:10 PM
[QUOTE=nixstor]Excellent analysis but it does have flaws
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.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
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.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
more...
snathan
04-06 08:52 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?
dummgelauft
05-29 10:25 AM
I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
If you are using EAD, even better, carry the darned EAD card in your pocket...
I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.
The Mexican border needs to be handed over to the US army or the National Guard.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
If you are using EAD, even better, carry the darned EAD card in your pocket...
I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.
The Mexican border needs to be handed over to the US army or the National Guard.
more...
snathan
03-30 04:06 PM
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
Yes...Mr.Suriajay. No matter how many Ids you are coming with. I am not going to let you go until you post your forgotten $50 check. What happened to that check
Yes...Mr.Suriajay. No matter how many Ids you are coming with. I am not going to let you go until you post your forgotten $50 check. What happened to that check
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ajthakur
07-14 07:14 PM
I left a message for my previous employer. I am not sure whether they will provide this information to me.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
more...
kpchal2
07-18 09:52 AM
hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process
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BharatPremi
04-08 08:48 AM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Congratulations for getting out of the hell hole and proceeding for the life.
PD Sep 2001
EB3 India.
Congratulations for getting out of the hell hole and proceeding for the life.
more...
pd052009
03-17 08:14 AM
^^^^^
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vgayalu
10-05 01:02 PM
Just today mine and Spouse cases ( I 485) got approved after RFE ( RFE response reached to USCIS on Sep 30).
Still waiting for my kids approval.
Good luck to each and every one.
Still waiting for my kids approval.
Good luck to each and every one.
more...
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clif
03-12 02:00 PM
BharatPremi,
So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?
Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?
So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?
Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?
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imh1b
11-12 04:26 PM
If EB2 I becomes current , who benefits its EB3 I as the spillover will go EB3 India as India is the most retrogressed country. Our effort does not impact ROW EB2 as they are current any way. EB2 China will also benefit as spill over will help them. So supporting quarterly spillover is in EB3 India's. Make EB2 C and all over flow goes to EB3 I. Finally by opposing this it will not help EB3 I any way unless it makes you happy to see everybody suffer as long as you are suffering.
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
more...
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natrajs
07-07 09:54 PM
Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.
No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).
Congrats & Best Wishes
Finally the good news
No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).
Congrats & Best Wishes
Finally the good news
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ajthakur
07-14 08:07 PM
Thanks rajuseattle. I am first going to try find out whether my previous employer did revoke the 140. In case he didnt i am safe. In case he did, when he did it is the key.
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
more...
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anilsal
12-12 03:40 PM
Here is an article that has some info on the non-ability to file 485.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
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GCBy3000
01-18 03:06 PM
I dont understand where they will deport you if you do not have any immigration documents? By default to mexico?... :) This office does not know anything...
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
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styrum
01-18 04:05 PM
Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
texanmom
09-26 11:40 AM
Please deluge both the author (Eilene Zimmerman) and the editor with emails pointing out the misrepresentation of IV's agenda.
Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.
Using words like 'defamatory' , "unethical reporting" and 'misrepresentation' catches their attention since they are always afraid of law suits.
coopheal
11-12 09:58 AM
IV core should have two focus: long term plan and a short term plan.
Long term plan is anything that involves visa increase.
Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.
I hope the core is reading this post...
If you have an idea, and possibly a suggestion on how to implement it, post it. Even an old idea with innovative implementation may help us.
However, please do not wait on contribution thinking until something happens I don�t have to contribute. IV core is already working on many issues, and your monthly contribution would help stabilize resource needs for current items.
Long term plan is anything that involves visa increase.
Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.
I hope the core is reading this post...
If you have an idea, and possibly a suggestion on how to implement it, post it. Even an old idea with innovative implementation may help us.
However, please do not wait on contribution thinking until something happens I don�t have to contribute. IV core is already working on many issues, and your monthly contribution would help stabilize resource needs for current items.
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