americandesi
12-20 04:30 PM
Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?
Are you sure about this? Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
Are you sure about this? Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
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sukhwinderd
02-02 01:58 PM
i can drive my minivan from zip code 32771 (orlando area). so 6 seats are vacant.
i can pick up members from daytona beach area, jacksonville etc. if someone is coming from south florida, tampa area they can stop by at orlando and we can car pool from orlando.
i need atleast one person who can drive at night, cause i cannot.
i can pick up members from daytona beach area, jacksonville etc. if someone is coming from south florida, tampa area they can stop by at orlando and we can car pool from orlando.
i need atleast one person who can drive at night, cause i cannot.
HV000
03-19 01:26 PM
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
In short, in my opinion..the answer is NO
Wouldn't they atleast get pre-adjudicated if NOT approved??
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bmoni
08-12 04:48 PM
All Eb3 please follow the thread http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-8.html#post1978863 . They need help looks like we may be onto something...it will be benefit everyone most important EB3.
Don't be disappointed.
We are focusing on another thread right now.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html
Please post your ideas on this thread.
Don't be disappointed.
We are focusing on another thread right now.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html
Please post your ideas on this thread.
more...
kunkie
07-23 08:24 AM
Hi,
You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.
What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.
Regards,
kunkie
You can surely do so, and that too at your own convenience, that is until you get the project with your second employer you need not bother with leaving the first job. H1 Visa does not come in effect until you move to other employer's payroll.
What I write.. I know for a fact, you may still want to check for any latest changes with attorney or some one in legal world.
Regards,
kunkie
andy garcia
09-28 08:21 AM
Which European countries are they from? Their opinion can be relevant in this context if they are from a rich EU country, but less convincing if they are from Albania, for example.
France and Sweden are OK for you.
France and Sweden are OK for you.
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TexDBoy
09-10 03:30 PM
ya ... at least one issue will be closed by them ... hopefully they discuss our bill today ...
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crazyghoda
01-30 02:15 PM
Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.
Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.
Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
Hope the scan helps you prepare in advance the necessary documentation.
http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg
I had discussed this in the following thread:
http://immigrationvoice.org/forum/showthread.php?p=296497#post296497
My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).
The suspense must be terrible!
Good luck.
more...
BharatPremi
03-07 09:23 AM
It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..
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rodnyb
04-11 01:05 AM
I agree wholeheartedly. CIS has the burden for cases. DOS should do sth. too, not just a number game. They should have exact visa approval number published every months. Due to this past pdf error, I have concerns on all their numbers published.. did they give enough numbers to CIS.. are all those reports which show they approved 140K EB real?
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
more...
RNGC
09-20 07:49 PM
Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.
It makes no sense to through that away
I am in no way trying to argue....I understand that "ImmigrationVoice" is now known very well ....by changing it to "LegalImmigrationVoice" we are not doing a whole lot of change, just adding a "Legal" in front.....we should maintain the same logo, so our identity will not change!
Just imagine you have no idea what IV is, you just come across the word "ImmigrationVoice" - how does it sound to you ? For me it sounds like we are just a pro-immigration group......No way it sounds like a Legal Immigration group....
Here in US large companies change names...so its not too late......adding a word "Legal", "Highly skilled" etc will go a long way for our future generations......
Just my $0.02
It makes no sense to through that away
I am in no way trying to argue....I understand that "ImmigrationVoice" is now known very well ....by changing it to "LegalImmigrationVoice" we are not doing a whole lot of change, just adding a "Legal" in front.....we should maintain the same logo, so our identity will not change!
Just imagine you have no idea what IV is, you just come across the word "ImmigrationVoice" - how does it sound to you ? For me it sounds like we are just a pro-immigration group......No way it sounds like a Legal Immigration group....
Here in US large companies change names...so its not too late......adding a word "Legal", "Highly skilled" etc will go a long way for our future generations......
Just my $0.02
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sroyc
02-14 09:57 PM
The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.
It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.
It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.
more...
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srkamath
07-20 01:32 PM
........ If you look at the data also you see this 'anomaly' where there is a big 'clump' of cases with PD jan/feb/march 2005.....
Might this because, more people than normal reported their numbers on during this period? Most of these folks were surprised by EB2 retrogression...just a thought.
However, i must say that your point sounds plausible.
Might this because, more people than normal reported their numbers on during this period? Most of these folks were surprised by EB2 retrogression...just a thought.
However, i must say that your point sounds plausible.
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ssdtm
02-01 04:22 PM
Interesting long post about Indian cos.
One point you are missing is, we live in a professional world, and if one is not fit, he/she is fired right away, particularly when one is a consultant. There may be some truth in your observation but you have too much generalized it and are making everyone look like unethical.
One point you are missing is, we live in a professional world, and if one is not fit, he/she is fired right away, particularly when one is a consultant. There may be some truth in your observation but you have too much generalized it and are making everyone look like unethical.
more...
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maddipati1
01-30 01:39 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
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Jerrome
07-12 05:28 PM
I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, keeping PD with 2004 would be a loss for china and gain for India. So by keeping 2006 June, USCIS will have enough visa numbers for China . India's share will be consumed by 2004 and 2005 applicants.
Even if India's PD is going to be in 2006 mid, this would result some adhoc or lucky one in 2006 getting GC than a majority of applicants. PD for india would move back to 2004 or 2005 by october 08.
If USCIS follows the same rule again then by next year end the PD for India will move.
This is my guess.
Even if India's PD is going to be in 2006 mid, this would result some adhoc or lucky one in 2006 getting GC than a majority of applicants. PD for india would move back to 2004 or 2005 by october 08.
If USCIS follows the same rule again then by next year end the PD for India will move.
This is my guess.
more...
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vin
09-28 04:08 AM
Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
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desi3933
03-17 07:21 AM
Did you just say "Just because people are not getting green cards does not mean wastage":D
That is exactly why we need to understand the process.
Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".
Year 2005 2006 2007 2008 2009
EB-All 246,877 159,081 162,176 166,511 141,020
EB1 64,731 36,960 26,697 36,678 40,978
EB2 42,597 21,911 44,162 70,046 46,034
EB3 129,070 89,922 85,030 48,903 39,791
EB4 10,133 9,539 5,481 9,524 9,999
EB5 346 749 806 1,360 4,218
_________________
Not a legal advice.
That is exactly why we need to understand the process.
Have a look at visa numbers issued to EB category for the last 5 years and decide for yourself if visa numbers were wasted. I hope this helps with your "anxiety".
Year 2005 2006 2007 2008 2009
EB-All 246,877 159,081 162,176 166,511 141,020
EB1 64,731 36,960 26,697 36,678 40,978
EB2 42,597 21,911 44,162 70,046 46,034
EB3 129,070 89,922 85,030 48,903 39,791
EB4 10,133 9,539 5,481 9,524 9,999
EB5 346 749 806 1,360 4,218
_________________
Not a legal advice.
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nagio
02-19 12:50 PM
Hi,
Can the donating air miles be international like korean, air india etc?
Thanks,
Naga
Can the donating air miles be international like korean, air india etc?
Thanks,
Naga
unknown123
12-10 08:38 PM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
Boss EB3 to EB2 porting is only possible, if you qualifies for EB2.. so what's your problem anyway
Boss EB3 to EB2 porting is only possible, if you qualifies for EB2.. so what's your problem anyway
vbkris77
04-06 09:39 PM
Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
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