wandmaker
08-21 04:34 PM
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
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kondur_007
04-10 03:44 PM
Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.
Now,
1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?
2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?
3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?
4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
Thanks,
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.
Now,
1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?
2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?
3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?
4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
Thanks,
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.
gcdreamer
03-02 12:01 AM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
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grinch
03-04 03:21 PM
Yeah I've been working on my entry slowly, learning some new things I never knew.
Almost done!
Almost done!
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prad123
05-05 11:32 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
va_labor2002
07-24 09:23 AM
I just posted this very question on the website above. I hope it gets selected for the chat
rpatel, Can you please talk to IV core members about this issue ? Please call them and explain your point.
Any comments from logiclife or any other IV core team ? we should send a webfax to USCIS director immediately.
rpatel, Can you please talk to IV core members about this issue ? Please call them and explain your point.
Any comments from logiclife or any other IV core team ? we should send a webfax to USCIS director immediately.
more...
go_getter007
05-29 03:08 AM
You are in *their* country so you have to follow *their* laws. If you don't like it, you have two choices - suck it up OR get out of there.
GG_007
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
GG_007
While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)
Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
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sanjeev_2004
11-21 11:12 AM
--
I think there are more than 6500 people here who are suffering from this disease then, about time we find a cure for it?
I am also among these 6500 people who are suffering but I still some time realize that its just a bad thing and should not be there in my mind. I know that its best country to live and best country to earn money and return to india but these are only excuses of remain sick. Sickness is sickness and being great, getting peace of mind, being honest is some thing else. Now dont comment me saying you thing you are great.
I think there are more than 6500 people here who are suffering from this disease then, about time we find a cure for it?
I am also among these 6500 people who are suffering but I still some time realize that its just a bad thing and should not be there in my mind. I know that its best country to live and best country to earn money and return to india but these are only excuses of remain sick. Sickness is sickness and being great, getting peace of mind, being honest is some thing else. Now dont comment me saying you thing you are great.
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thomachan72
04-11 10:06 AM
technical issue....dont know why but cant go to page 5.. this post is just to take me to the 5th page....pls ignore
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praveenat11
09-24 01:14 PM
can say me the format of affidavit from a lawyer or from a professional translator
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3d Nirvana
02-27 09:12 PM
soulty I think your way might be right also, I vaugely remember something about that. Idk, might want to check out both grinch :)
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satishku_2000
07-09 04:03 PM
delhi..
what is your PD?
what is your PD?
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cestmoi
01-11 10:44 PM
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
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Refugee_New
12-20 05:23 PM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Hey, are you from Andhra pradesh?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Hey, are you from Andhra pradesh?
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abstractvision
03-19 11:31 AM
I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
I will call again on Apr 4th and keep the forum updated.
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nomi
12-12 04:59 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
more...
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chanduv23
12-15 11:20 AM
gcisadawg,
Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.
Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".
I can go on and on.....
I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !
It is not about demand and supply - these two things can never me matched in the best possible way. remember - H1b and GC are typically platforms provided by US govt towards bringing in talent and workers and fill in gaps and keep the competitive spirit and keep US always the best country in the world.
If there is demand - there is demand. Period. if there is supply there is supply. Period. Supply can come from anywhere. Demand cane arise from anywhere. For eg.. An IITian need not necessarily be the best candidate to fill a spot in a X company in North Dakota and a MSFT need not necessarily be the only company to go abroad and find candidates ONLY from ivyleague.
I know so many people who are from IIT and work for desi companies - they get good salary and are happy.
Just go back and think about the best professor you had in your college. If you think that he must get a GC because he is very intelligent - youare wrong. On another note - if the same professor feels he must get a GC, he may probably pay a desi body shop , learn SAP and get an IT job come here - then he may rather go back to his ways of teaching if he wanted to do it again.
What I am trying to say is - there is no point in discussing about demand, supply, talent, whether we are required or not, we must look at ourselves - whether we want what we want. If we want what we want - we must work towards it - unfortunately our community thinks - we are/are not entitled - and have so many discussions. There are people who do what it takes to get what they want - and they may use body shops or whatever they can to navigate the system. There are people who think others will help them and now a lot of people think Obama will come to their house personally to give them a GC.
Very well said. What you said, also gives strength to my point. We are self proclaimed "highly skilled" workers. We shouldn't have been trained, we shouldn't have been air lifted by desi consultants. We shouldn't have been sold for short/long term projects after coming to the US.
Actually, during 1999-2000 year, when I was about to graduate from IIT, yes, my class mates used to receive calls from Microsoft based in Seattle and Phillips based in Holland. Those companies paid final year graduating students (with good track record), a return trip to Seattle for interview. That was the real demand! And mind you, those students were very talented. They already had secured 100% aid from excellent US universities. So, it was a scenario of good company taking interest in excellent students and then filing for H1-B and subsequently green card. Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".
I can go on and on.....
I do not agree with anyone who claims that we are really "required" here. We are fighting to survive here and we are fighting to get Green Cards. We have 50 million hate groups in the US that do not like us at all. It is a tough road ahead !
It is not about demand and supply - these two things can never me matched in the best possible way. remember - H1b and GC are typically platforms provided by US govt towards bringing in talent and workers and fill in gaps and keep the competitive spirit and keep US always the best country in the world.
If there is demand - there is demand. Period. if there is supply there is supply. Period. Supply can come from anywhere. Demand cane arise from anywhere. For eg.. An IITian need not necessarily be the best candidate to fill a spot in a X company in North Dakota and a MSFT need not necessarily be the only company to go abroad and find candidates ONLY from ivyleague.
I know so many people who are from IIT and work for desi companies - they get good salary and are happy.
Just go back and think about the best professor you had in your college. If you think that he must get a GC because he is very intelligent - youare wrong. On another note - if the same professor feels he must get a GC, he may probably pay a desi body shop , learn SAP and get an IT job come here - then he may rather go back to his ways of teaching if he wanted to do it again.
What I am trying to say is - there is no point in discussing about demand, supply, talent, whether we are required or not, we must look at ourselves - whether we want what we want. If we want what we want - we must work towards it - unfortunately our community thinks - we are/are not entitled - and have so many discussions. There are people who do what it takes to get what they want - and they may use body shops or whatever they can to navigate the system. There are people who think others will help them and now a lot of people think Obama will come to their house personally to give them a GC.
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gcisadawg
01-16 06:58 PM
See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.
Well said. One of my aunt used to say "be happy that you have a leg and do not worry about not having a shoe" Anything can be trivial if you put that into perspective! Just like how worrying about GC became trivial when the frame of reference was the incident narrated by Slumdog!
Well said. One of my aunt used to say "be happy that you have a leg and do not worry about not having a shoe" Anything can be trivial if you put that into perspective! Just like how worrying about GC became trivial when the frame of reference was the incident narrated by Slumdog!
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yadavnay
07-23 09:16 AM
Yes you can work on h1B , but you need to file for a change of status , which normally take 2-3 months in normal processing and 15 days if you file premium. Ask your H1b employer to file for the change of staus under premium.
Please note that once your status is changed you can no longer continue on L1A. Mine was the same case and I followed the same steps some year back.
Thanx
Please note that once your status is changed you can no longer continue on L1A. Mine was the same case and I followed the same steps some year back.
Thanx
signifer123
02-15 06:20 AM
I'm sure i could but then again i have no life :P
pappu
01-18 11:16 AM
We need at least 1000 members signing up for the monthly contributions in a month. I am sure we can do that. We have 8000 members and it should be easy. Till now we have only 100 signups
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