rdehar
07-20 12:26 PM
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
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h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
ivjobs
11-06 05:11 PM
Some of the IV Members have great entrepreneurial spirit but could not proceed with their dreams of becoming their own boss because of the limitations in maintaining their status and starting a successful business. To address various problems being faced by the Members of IV community who dream to start their own companies, a yahoo group has been formed to help and exchange information/resources/experiences among each other.
Immigration Voice Entrepreneur group is a forum for like minded members of Immigration Voice who have basic interest in Entrepreneurship. The forum intends to help its members through exchange of knowledge and experience in their entrepreneurial endeavors. This is an open forum, please feel free to ask any questions related to start up, issues concerning Maintaining Immigration status and starting business, help in building your existing business, etc.
Please visit the below given yahoo group website to subscribe to forum.
visit Weblink : http://finance.groups.yahoo.com/group/ivstartup/
or send email to: ivstartup-subscribe@yahoogroups.com
Administrators, please if possible make this a sticky so that members can join, actively participate on this thread.
Immigration Voice Entrepreneur group is a forum for like minded members of Immigration Voice who have basic interest in Entrepreneurship. The forum intends to help its members through exchange of knowledge and experience in their entrepreneurial endeavors. This is an open forum, please feel free to ask any questions related to start up, issues concerning Maintaining Immigration status and starting business, help in building your existing business, etc.
Please visit the below given yahoo group website to subscribe to forum.
visit Weblink : http://finance.groups.yahoo.com/group/ivstartup/
or send email to: ivstartup-subscribe@yahoogroups.com
Administrators, please if possible make this a sticky so that members can join, actively participate on this thread.
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amsgc
06-10 11:39 PM
Now, that is an interesting question. I think the answer is: ambition.
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
I am convinced that those who don't participate in the action items simply lack ambition. If you were to ask them what their life would be like after getting the GC, I am fairly certain they would say "pretty much the same". And that is exactly the problem - they cannot imagine the doors it will open or the opportunities that will become available. For them the green card is a mere travel/work document, with some semblance of permanency. They want to "be" in America, but they don't know how to make the best by "living" in it. They will buy a house, or get a job that pays a few dollars more, but it will pretty much end there. The most ambitious of the lot will probably start a desi consulting company with other like minded losers.
You on the other hand, possibly have plans. You probably want to go back to school to learn something new. Maybe you have an idea to start a new business, or a non profit or attempt a different profession! You want to make the best of the possibilities and maximize your potential, and do things you couldn't do without the privilege to live, work and think freely.
But don't lose heart. There are many, if not all, who are with you in this initiative.
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
more...
smuggymba
09-17 11:19 PM
FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.
do we know how much it is for this year?
do we know how much it is for this year?
thakkarbhav
09-15 12:49 PM
Congrats...Book the ticket and fly to india to give big hug to your wife and son and motherland...
more...
mhb
05-31 12:51 PM
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yetanotherguyinline
12-20 06:47 PM
I found out from discussion about the USCIS Expedite service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.
more...
mayurcreation
04-18 08:11 AM
Date:
Dear Sir or Madam:
We are writing to confirm that Mr. XXXX was previously employed by our organization from date to date in the position of Programmer Analyst.
In the position of Programmer Analyst, Mr. XXX was responsible for extensive analyze, design, develop, programming and testing software application using C#, VB.NET, ASP.NET, ADO.NET, from resume etc....
During his tenure he had worked for Client Name1, Client Name2, Client Name3 and Client Name4 clients.
Mr. XXX was employed throughout on a full-time basis, 40 hours per week.
Very truly yours,
(Signature)
Name
Title
Dear Sir or Madam:
We are writing to confirm that Mr. XXXX was previously employed by our organization from date to date in the position of Programmer Analyst.
In the position of Programmer Analyst, Mr. XXX was responsible for extensive analyze, design, develop, programming and testing software application using C#, VB.NET, ASP.NET, ADO.NET, from resume etc....
During his tenure he had worked for Client Name1, Client Name2, Client Name3 and Client Name4 clients.
Mr. XXX was employed throughout on a full-time basis, 40 hours per week.
Very truly yours,
(Signature)
Name
Title
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james_bond_007
05-01 07:25 PM
Since the stamped visa is valid till Sep 2009, you can travel without stamping the new visa. BUT it is extremely important that you show the approved H1B notice (I-797) at the port of entry. This will make sure your I-94 will be valid till 2011. You will have issues with H1B stamping / renewal if the I-94 dates are incorrect. One of my friend went thru the same situation and he has to correct the I-94 dates by going to a local immigration office.
more...
chil3
08-24 12:40 PM
yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
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SpotanAnti
10-08 06:37 PM
When you are not that smart how come you applied for EB2 ??
I smell an anti here.!!!
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
I smell an anti here.!!!
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
more...
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prem_goel
07-07 01:17 AM
My lawyer who handled my H-1b transfer told me that. I find it logical as well. If you are the beneficiary of an approved H-1B petition, then why can't you go back to that status whenever you want. So I think its correct. however she did mention that she handled the case of a person who was on EAD for about an year. i am assuming his old H-1B petition must've been valid when they filed again.
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mrdelhiite
07-26 02:29 PM
Thanks for your answers. I have already asked my friend to join IV.
Is there anyone who has recently filed labor - PERM ? Can you share your experience?
-M
Is there anyone who has recently filed labor - PERM ? Can you share your experience?
-M
more...
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kriskris
04-17 11:55 AM
This is a poignant question for everyone. Any experts that know the law and psychology and the theory of standing in line please answer.
Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .
Ganguteli,
I am sorry to say this, why do you always try to create controversy. If you don't want to answer you should have kept quiet. No hard feelings my friend. I know that there is not a definite answer for my question, but I have posted here just to take expertise from our friends from their previous experiences. Lets say if you are going for a visa, don't you do your homework instead of leaving everything to the mercy of the officer?
If you look at my personal perspective, I am trying to be careful during these hard times.
Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .
Ganguteli,
I am sorry to say this, why do you always try to create controversy. If you don't want to answer you should have kept quiet. No hard feelings my friend. I know that there is not a definite answer for my question, but I have posted here just to take expertise from our friends from their previous experiences. Lets say if you are going for a visa, don't you do your homework instead of leaving everything to the mercy of the officer?
If you look at my personal perspective, I am trying to be careful during these hard times.
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krishnam70
07-09 12:45 PM
I read about the problem in this thread and immediatly called all our friends and signed up for the drive. We went in a group of 25 people and signed up. Hopefully something will work out for Vinay and people like him. This is not a one time effort but once we are in the registry we have the capability to help many others who might be needing help. I urge members to please go to the drive's or request information on how to create drives in your own city and help in this good cause.
more...
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vijay1974
07-29 06:06 PM
I think they should change the title on their page to How may I harass you? :)
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485Mbe4001
06-29 03:57 PM
i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.
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ndbhatt
02-07 12:34 AM
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,
I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.
I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,
I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.
I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
gcdreamer05
08-12 06:01 PM
hello all,
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)
desi3933
06-30 01:50 PM
Lot of incorrect info on this thread.
Please allow me some points on H-1B here
1. There is no requirement that H-1B has to be full time job. One can have one H-1B for 10 hour job. Please do not confuse H-1B job with GC job. GC job has to be full time and permanent, not H-1B job.
2. One can have more than 1 H-1B active same time, called concurrent H-1B.
3. Concurrent H-1B is cap exempt as person is already on H-1B status.
4. Both H-1B can be for full time hours (i.e. 80 hours per week or more)
5. Both H-1B can be part time jobs and of course, it can be for 1 full time and 1 part time job.
6. Each H-1B is regulated by its corresponding LCA.
_____________________
Not a legal advice.
US citizen of Indian origin
Please allow me some points on H-1B here
1. There is no requirement that H-1B has to be full time job. One can have one H-1B for 10 hour job. Please do not confuse H-1B job with GC job. GC job has to be full time and permanent, not H-1B job.
2. One can have more than 1 H-1B active same time, called concurrent H-1B.
3. Concurrent H-1B is cap exempt as person is already on H-1B status.
4. Both H-1B can be for full time hours (i.e. 80 hours per week or more)
5. Both H-1B can be part time jobs and of course, it can be for 1 full time and 1 part time job.
6. Each H-1B is regulated by its corresponding LCA.
_____________________
Not a legal advice.
US citizen of Indian origin