sledge_hammer
07-24 10:11 AM
To file for EAD/AP you need to wait until you get your I-485 receipt. PD is irrelevant after your I-485 applications has been receipted.
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
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GCBy3000
01-16 10:14 AM
I visited this site three times this morning and this thread subject did not attact me at all. Fourth time since I ran out of all issues, I thought to open this up to see what it is.
Surprised to see it is created by IV core for an important issue. I would suggest to change the subject to a catchy one to prompt the users to open it or put this in home page somewhere eye catching.
Surprised to see it is created by IV core for an important issue. I would suggest to change the subject to a catchy one to prompt the users to open it or put this in home page somewhere eye catching.
nixstor
07-03 12:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
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FinalGC
07-13 08:27 AM
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
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shantak
03-17 11:24 AM
PD: March 2005
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
evljeenyiss
07-14 12:15 AM
truthfully, Bluesun I think yours was modelled the best, you just need a better renderer/ lighting.
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andycool
07-12 04:56 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
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CSPAvictim
07-09 07:55 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. The remaining number was splitted for Consular porcessing.
my 2 cents...
Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!
my 2 cents...
Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!
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Macaca
01-31 04:52 PM
I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
BTW , he has no plans to travel out of country so stamping is not an issue.
Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.
I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.
It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.
There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.
BTW , he has no plans to travel out of country so stamping is not an issue.
Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.
I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.
It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.
There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.
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ItIsNotFunny
10-15 02:14 PM
Please explain, What is the space limitation issue on IV as login? In that case, I should have some :confused:
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kondur_007
04-09 06:22 PM
This is an "Ouch..." visa bulletin.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
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chmur
09-11 12:41 AM
The problem with your analysis is not every one in the backlog has equal access to excess of 35-40K visas available each year. Most of the excess comes from EB4,5,1 and 2ROW and all goes to EB2 I/C. EB3 ROW gets ~30K every year (42K- 4*2.8K).
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
Even if we are to assume that post 2007 the demand for EB2 I/C and EB3 is low then also it is ~ 15K for EB2 I/C and ~ 10K for EB3 ROW. But the way INA law is framed EB3 I (most backlogged with ~ 60K) will only get 2800 visa till either of EB2 I/C or EB3 row becomes current. And by current I mean real current, not July 2007. Using these numbers it will still take 4-5 for both EB2 I/C and EB3 Row to become current.
This is assuming low demand in all EB categories continue.
It will be only after 2014-15 that EB3I will get ~ 50K SOFAD(35K SOFAD which EB2 I/C was getting plus about 15K from EB3 ROW category). So in 2015 EB3 I will see a jump of ~ 4 yrs (2003-2007). So EB3I folks with PD after 2007 will have a relative wait time of ~ 8 yrs but folks from 2003-4 are looking at a 12-13 year wait unless reform like Recapture/STEM Degree holders & Dependents excluded from cap is passed.
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
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praveen123
08-29 04:06 PM
[quote=sweet_jungle]
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
There is nothing wrong if you get trained as a fresher and get into consulting but i don't think its not the same way TCS, WIPRO, Satyam and Infosys etc..is doing. Those companies take you as fresher and they train u very well and you get the freedom of learning. Its like team learning.You need not to worry to say that you are a fresher. They also pay very less salary charging less billing with clients compared to the open market. But being a fresher in USA , getting trained , getting into a project , all these are individual hardwork and ofcourse more money.Once you are on client side you may not have much support as Satyam, TCS, WIPRO guys has. you can not say that u r a fresher and client expectation would be more since they pay high billing .
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
There is nothing wrong if you get trained as a fresher and get into consulting but i don't think its not the same way TCS, WIPRO, Satyam and Infosys etc..is doing. Those companies take you as fresher and they train u very well and you get the freedom of learning. Its like team learning.You need not to worry to say that you are a fresher. They also pay very less salary charging less billing with clients compared to the open market. But being a fresher in USA , getting trained , getting into a project , all these are individual hardwork and ofcourse more money.Once you are on client side you may not have much support as Satyam, TCS, WIPRO guys has. you can not say that u r a fresher and client expectation would be more since they pay high billing .
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feedfront
11-10 01:24 PM
How long did it take to get CPO email and card since 485 approval notice?
Thanks
I don't know. I've not received approval notice. I waiting for everything: approval notice, CPO, Physical Card.
Thanks
I don't know. I've not received approval notice. I waiting for everything: approval notice, CPO, Physical Card.
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kumar1
12-11 11:15 AM
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.
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unseenguy
02-13 08:22 PM
The real face of America, as we used to see it in India is in full light. Hypocrisy under the name of protecting country's job. I agree with Ash's post that in its substance that unlike holocaust, we are not being killed, however; we are being thrown out just like ethnic Indians were thrown out of Uganda by its dictator. This is not much different.
I understand some people making an argument that this is demand vs supply. But what logic does it make to go aggressively after those who have spent 5-10 years in this country and followed almost everything legally? and at the same time those who are voters , provide them benefits with our tax paid money.
Problem is not them , problem is us. We left our country sick of reservation etc., So our community was sidelined by the politicians in India and we came here foregoing our "voting rights". Hence politicians here dont care about us. We gave up where we belonged to looking for "shortcut" to success only to be deceived by opportunist Americans dangling carrots of green cards and better life.
They are career politicians and they care only about elections and votes. So this is nothing but vote bank politics.
I understand some people making an argument that this is demand vs supply. But what logic does it make to go aggressively after those who have spent 5-10 years in this country and followed almost everything legally? and at the same time those who are voters , provide them benefits with our tax paid money.
Problem is not them , problem is us. We left our country sick of reservation etc., So our community was sidelined by the politicians in India and we came here foregoing our "voting rights". Hence politicians here dont care about us. We gave up where we belonged to looking for "shortcut" to success only to be deceived by opportunist Americans dangling carrots of green cards and better life.
They are career politicians and they care only about elections and votes. So this is nothing but vote bank politics.
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EdenMN
07-13 09:06 AM
I think we should not care 'Is Murthy doing for her publicity / money?' as long as it serves our purpose. We should respect people who are trying to help us . and many folks are blaming she is money minded.... but u know what she runs law firm not non-profitable organization.
In Iv many people are free riders when they can't contribute money to solve their problem why you guys expect Murthy to do charity work ....
In Iv many people are free riders when they can't contribute money to solve their problem why you guys expect Murthy to do charity work ....
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Rockford
08-29 03:36 PM
I moved to a desi consulting company after I got layed off in 6th year of h1b. ..................... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. ............ and finally I had to talk to my employer and we deicded not to use their services anymore just for my case,.
Chandu,
Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.
I am sure there are other issues with your lawyer, but this case is kind of fair.
There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.
Chandu,
Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.
I am sure there are other issues with your lawyer, but this case is kind of fair.
There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.
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willgetgc2005
04-20 05:11 PM
If there si anyone form Cisco, can you please post this info in Cisco masala mailing list ?
I will send my phone number as pm.
I will send my phone number as pm.
Green.Tech
03-05 10:14 PM
I always believed that everyone out here is atleast a grad with a degree. Isn't it what the minimum requirement for EB Category 3 ?
Correct me if I am wrong.
Undergraduate degree = Bachelors
Graduate degree = Masters
Correct me if I am wrong.
Undergraduate degree = Bachelors
Graduate degree = Masters
gcma08
06-13 04:21 PM
I got an approval notice sent update on 06/10 but no updates later. Anybody got cards who got approved during this time ?
PD: Jan 22 2004 (EB2-RIR, India) NSC
Labor Approved: 10/10/2006 NSC
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
LUD/AD: 6/11/2008 (Approval Notice Sent)
PD: Jan 22 2004 (EB2-RIR, India) NSC
Labor Approved: 10/10/2006 NSC
I-140 AD: 11/27/2006
I-485 RD: 07/09/2007
EAD, AP: Sep/Oct 2007
RFE: 11/29/2007 Responded: 12/6/2007
LUD/AD: 6/6/2008 (Card Production Ordered)
LUD/AD: 6/11/2008 (Approval Notice Sent)
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