mariner5555
02-14 06:31 AM
Canuck,
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
There is no divide and rule policy by US as giving H1 does not mean that you have to file for Immigration, It is the choice of the person to get immigrated to US and US has set some policies by quota system. If you don't like it then no one is forcing you to stay back (US will say that if u sue USCIS).
Thought to chip in my 2 cents as you are showing similarities of british raj and US. First of all it was the fault of the kings in India during that time who were not united enough to kick them out.
Cheers
permfiling
EB2 -INDIA
N Cal Chapter maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
wallpaper 2007 Toyota Crown Hybrid
GCwaitforever
12-27 02:08 AM
I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
yawl
08-15 04:16 PM
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
2011 2007 Toyota Crown Hybrid
mhathi
03-17 11:42 AM
There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
Maybe the lawmakers should understand this plight...
I am forced into EB3 despite having a US Masters due to the same situation, but I wonder what lawmakers can do about this. The best way will be for us to lobby for relief in all EB immigration categories; not just EB1 or EB2.
Which is what is IVs stated goal anyways.
Maybe the lawmakers should understand this plight...
I am forced into EB3 despite having a US Masters due to the same situation, but I wonder what lawmakers can do about this. The best way will be for us to lobby for relief in all EB immigration categories; not just EB1 or EB2.
Which is what is IVs stated goal anyways.
more...
unitednations
12-21 10:52 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
BharatPremi
03-17 02:19 PM
Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.
# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.
Right. But here USCIS plays its villain role. What happens is USCIS moves clock ahead depending upon last month's "demand." We always think stramline logic.. USCIS does not work that way. It will kick PD to x date for an example Dec 2002. Now at the same time it will keep RD at say for example july 2001..Now it will keep some files eating dust in Name check so end effect is "Some" will get their gC. So next month, seeing this "demand" USCIS will kick PD further.. same game.. I believe at some level it decides seeing it reaching to "3500" limit put a break. So in reality what happen is even though USCIS kicks PD ahead not "all applicants with valid PD" get their GC. If they are unlucky enough to stuck in name check or RD is not being current, they will again wait for years for next kicking cycle start from April 2001.
# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.
Right. But here USCIS plays its villain role. What happens is USCIS moves clock ahead depending upon last month's "demand." We always think stramline logic.. USCIS does not work that way. It will kick PD to x date for an example Dec 2002. Now at the same time it will keep RD at say for example july 2001..Now it will keep some files eating dust in Name check so end effect is "Some" will get their gC. So next month, seeing this "demand" USCIS will kick PD further.. same game.. I believe at some level it decides seeing it reaching to "3500" limit put a break. So in reality what happen is even though USCIS kicks PD ahead not "all applicants with valid PD" get their GC. If they are unlucky enough to stuck in name check or RD is not being current, they will again wait for years for next kicking cycle start from April 2001.
more...
amitjoey
02-14 02:11 PM
Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?
Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
2010 2007 Toyota Crown Hybrid
StarSun
02-10 11:35 AM
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
Need a volunteer to coordinate the air miles. Please contact me.
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
Need a volunteer to coordinate the air miles. Please contact me.
more...
amitjoey
02-14 02:11 PM
Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?
Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
hair 2007 Toyota Crown Hybrid
rockstart
03-14 11:34 AM
EAD renewal delays will be on of the single issue on which I would defer AC-21 till I can find some one willing for an H1 transfer.
more...
msgrewal81
02-19 08:17 AM
What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
hot 2007 Toyota Crown Hybrid concept. Image by Toyota.
harsh
12-12 02:05 PM
I agree. Who or which department of USCIS has the authority to decide they will disallow concurrent 140/485 filing? If that department has the authority to make such a decision they probably have the authority to
1. allow filing of 485 without visa number availability,
2. allow people to start their name check process once 140 is cleared while everyone is waiting for priority dates to become current.
There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? At the USCIS press release? May be the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them our auggestions.
1. allow filing of 485 without visa number availability,
2. allow people to start their name check process once 140 is cleared while everyone is waiting for priority dates to become current.
There should be a way to find out who in USCIS comes up with these new rule suggestions. Where do all the proposed rule changes published? At the USCIS press release? May be the actual press release has some information. There has got be to a way to find out from either press department or someone who or what part of USCIS makes these suggestions and then may be we can make send them our auggestions.
more...
house Toyota Crown Hybrid Concept
ganguteli
02-03 11:00 AM
In the current economic environment, removing country quota seems like the only argument that can fly, since it does not increase actual visas.
In the current economic envireonment where H1Bs are being blamed in media do you think anything can fly. There is so much anti-India sentiment in the softare industry due to consulting companies. Do you think they will want more Indians as greencard holders? Think about it?
I think the first step should be to do a media campaign and clear all negative publicity H1Bs are getting. Second, all of us working for consulting companies and feel they are exploited need to come out and file lawsuits against employers and clean the system. If there is no exploitation and it is only a misinformation campaign by anti-immigrants then we need to clear that wrong too so that foriegn workers get their due recognition for helping this economy grow.
In the current economic envireonment where H1Bs are being blamed in media do you think anything can fly. There is so much anti-India sentiment in the softare industry due to consulting companies. Do you think they will want more Indians as greencard holders? Think about it?
I think the first step should be to do a media campaign and clear all negative publicity H1Bs are getting. Second, all of us working for consulting companies and feel they are exploited need to come out and file lawsuits against employers and clean the system. If there is no exploitation and it is only a misinformation campaign by anti-immigrants then we need to clear that wrong too so that foriegn workers get their due recognition for helping this economy grow.
tattoo 2007 Toyota Crown Hybrid
indigokiwi
03-04 08:43 AM
^^^^^^^^^
more...
pictures Toyota Crown Hybrid Concept
no538
06-06 04:37 PM
Thanks for the info amitpan007.
That must have been a big surprise for you to see the Approval then?
I was under the impression that you'll start seeing continuous LUD's on your application before the approval.
Everyday I check my app and be disappointed that there is no LUD and wait for tomorrow.
That must have been a big surprise for you to see the Approval then?
I was under the impression that you'll start seeing continuous LUD's on your application before the approval.
Everyday I check my app and be disappointed that there is no LUD and wait for tomorrow.
dresses 2007 Toyota Crown Hybrid
sprash
02-02 01:42 PM
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
Thanks for your inputs Desi.
I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.
In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.
Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)
I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581
In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
Thanks for your inputs Desi.
I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.
In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.
Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)
I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581
In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.
more...
makeup 2007 Toyota Crown Hybrid Concept
alterego
03-16 12:44 AM
A few things.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
girlfriend Toyota Crown Hybrid 2007
nixstor
07-05 02:33 PM
I found the forum by chance and didn't realize there was more to this website until a while after I signed up. On second thought look at my sign up date, I think I'll just let you old timers battle this one out.
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
hairstyles Toyota Crown Hybrid Concept 2007 poster NC208181
Imigrait
01-30 02:46 PM
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
retrohatao
02-16 11:52 AM
I was thinking this forum was for such purpose. May be I am wrong. Because I have been on this forum for a month now and everytime I had to convince some or other moderator to take up the cause. Not that encouraging...
0 comments:
Post a Comment