kumarc123
03-12 10:43 AM
$25 a month is reasonable. What people want it GC in $25 in less than 6 months. Somehow these same guys do not mind paying lawyers $700 for EAD filing which they could do themselves. In other words they trust lawyers who are clearly have a self interest in you not getting a GC but will not trust one of your kind because these guys think their crummy $25 is being flinched.
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
At least the money is put to some use and results are tangible, how about the results in here?
Refer to my posts.
IV core needs to explain!
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Indirant
02-01 08:15 PM
Varsha,
I will be dialing in.
Thanks
Sekar
I will be dialing in.
Thanks
Sekar
thakkarbhav
08-10 02:29 PM
I am in. I am EB2 but I support this because this makes sense.
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jonty_11
07-09 06:36 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
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downthedrain
02-03 08:46 PM
Guru's please check if this employment letter is enough for the above mentioned RFE....
Dear Sir/Madam
Re: Employment of Mr. John Doe
This is to confirm that Mr. John Doe is currently employed in our organization as a Senior Software Engineer at the annual salary of $ x per year.
Mr. Doe’s compensation package includes medical, dental benefits, sick leave and paid holidays.
Please do not hesitate to contact us if you have any questions.
Sincerely yours,
Dear Sir/Madam
Re: Employment of Mr. John Doe
This is to confirm that Mr. John Doe is currently employed in our organization as a Senior Software Engineer at the annual salary of $ x per year.
Mr. Doe’s compensation package includes medical, dental benefits, sick leave and paid holidays.
Please do not hesitate to contact us if you have any questions.
Sincerely yours,
logiclife
01-31 02:15 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
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thakkarbhav
08-10 02:47 PM
I understand your logic. No fight for EB2 or EB3 - final goal is the same. The logic of this thread is abosolutely correct. EB3 is waiting on 2002 and EB2 Progressing.....There should be balance based on each individual Year. I have other friends who are EB2 and I know they also support so can bring them in once we have anything concrete. I want BIG rally like 9/18 in DC. We never did anything after it so IV should plan for BIG rally to support EB3 and I think EB2 will be taken care automatically.
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sledge_hammer
07-16 05:45 PM
This type of false propoganda makes my blood boil :mad:
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reachinus
07-16 06:56 PM
Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
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payur
01-16 09:12 PM
Contributing $20/month
Scheduled $20
Good luck and best wishes.
Success!!!
Scheduled $20
Good luck and best wishes.
Success!!!
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PresidentO
11-13 02:28 AM
Spill over does not need to happen every Q. It is purely based on demand and supply. If the visa office sees demand go south ( read really really south) and do not expect the demand to pick up for the rest of the year, yeah then the visa office will move the dated forward using spill over. if the demand is enough, meaning categories that are current are just using fine and CIS has enough backlogs VO does not move dates.
The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.
if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.
Just an F Y I, I havent read all 5 pages of this thread
The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.
if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.
Just an F Y I, I havent read all 5 pages of this thread
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alterego
07-13 09:28 AM
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
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dish
12-13 10:44 AM
I sent a letter earlier this year to one of my Senators here in CA regarding my 2001 LC and the result i got was that the senators secretary checked my case with USICS and sent a letter stating that my green card was approved 2003.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
Can you please write in detail what happened with your LC and hou you recieved your green card in 2003. Your experience with DOL, and sentor will make a good story for IV.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
Can you please write in detail what happened with your LC and hou you recieved your green card in 2003. Your experience with DOL, and sentor will make a good story for IV.
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psczd4
09-26 12:13 PM
Great work folks!!!�
I am not being pessimistic here but the whole article is more tailored towards H1B visas�Green card is masked by the H1B (that is the way I read this) Should there be not a similar article with an analogy about the backlogs and how this impacts the US economy?
I am not being pessimistic here but the whole article is more tailored towards H1B visas�Green card is masked by the H1B (that is the way I read this) Should there be not a similar article with an analogy about the backlogs and how this impacts the US economy?
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ambrishmisra
04-10 02:05 PM
My wife is in US since Aug, 2006 on H4.
We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).
Her last four years job profile (as of now):
- 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
- 10 months for 'Company B'
- 8 months on H4 (in US) - NO work
Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
OR its only for an company you are working for currently?
Any help will be greatly appreciated.
We missed the H1-B filing last year and it doesn't look good this year too (although her petition got submitted on the first day).
Her last four years job profile (as of now):
- 2.5 years for 'Company A' (one of the top 3 Indian s/w company)
- 10 months for 'Company B'
- 8 months on H4 (in US) - NO work
Can she apply through 'Company A' for an L1 (as she has worked more than a year continuously in the last three years)?
OR its only for an company you are working for currently?
Any help will be greatly appreciated.
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kandhu
06-10 04:55 PM
Done
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kumar1
12-10 03:24 PM
Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
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meridiani.planum
03-07 05:10 PM
I was told that for AC21 we need to spend atleast 180 days counted from Reciept Date.
What is Reciept Date as we dont see that exact wording on reciepts.
Our 485 reciept has Notice Date and Received Date? What is Reciept Date from here?
receipt date = received date.
What is Reciept Date as we dont see that exact wording on reciepts.
Our 485 reciept has Notice Date and Received Date? What is Reciept Date from here?
receipt date = received date.
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nojoke
03-01 04:06 AM
Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.
They are throwing good money into a black hole.:mad:
They are throwing good money into a black hole.:mad:
alisa
01-18 08:40 PM
I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
slowwin
02-18 04:26 PM
this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.
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