Legal
07-19 08:52 PM
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine.
since B-1 visa is issued clearly on the assumption she does not have immigrant intent.
I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending.
read above
since B-1 visa is issued clearly on the assumption she does not have immigrant intent.
I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending.
read above
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liorsal
04-17 08:01 PM
what is BEC?
gcisadawg
08-15 03:34 PM
My Job duties on labor says
"Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
The title in labor is "Software Engineer"
Now the new job offer has title as "Lead Developer"
and duties are
"The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
Can somebody comment on this in context of same / similar job?
Wow, any company would love to hire someone that is capable of Designing, developing and testing software in Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP...That's very very versatile....I work on SAP, just SAP, and I already feel like its a ocean. Maybe that's why I'm in EB3.
Thanks,
gcisadawg
"Design, develop and test software using Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP"
The title in labor is "Software Engineer"
Now the new job offer has title as "Lead Developer"
and duties are
"The lead developer will be responsible for leading a team to creating components within Java, utilizing standard Integrated Development Environments (IDEs), writing unit test cases and supporting the Testing and Quality Assurance phases of the software development lifecycle."
Can somebody comment on this in context of same / similar job?
Wow, any company would love to hire someone that is capable of Designing, developing and testing software in Java, C++, C, VB, Winrunner, SAP, Oracle, Networking, ASP and RUP...That's very very versatile....I work on SAP, just SAP, and I already feel like its a ocean. Maybe that's why I'm in EB3.
Thanks,
gcisadawg
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dupedinjuly
07-14 08:49 PM
Bull's Eye. Please start a thread with this topic. This is a very valid point.
I hope, Skil bill has the provision to lost recapture visa numbers. If the big news Monday benefits us in having AOS filed, then we are looking at recapturing visa numbers anyways.
Why not lobby for it ? If Dream Act can pass as ammendment in Defense Policy Act, why not SKIL Bill ?
If they can attach Dream Act as an amendment to the Defence policy Act why cannot they attach SKILL to the same. That is the question we should be acting on.
I think expecting Sen. Cornyn to do something now is kind of remote. He is going to be facing elections soon in 08. May be Cantwell is the one to do it.
What do you guys think?
I hope, Skil bill has the provision to lost recapture visa numbers. If the big news Monday benefits us in having AOS filed, then we are looking at recapturing visa numbers anyways.
Why not lobby for it ? If Dream Act can pass as ammendment in Defense Policy Act, why not SKIL Bill ?
If they can attach Dream Act as an amendment to the Defence policy Act why cannot they attach SKILL to the same. That is the question we should be acting on.
I think expecting Sen. Cornyn to do something now is kind of remote. He is going to be facing elections soon in 08. May be Cantwell is the one to do it.
What do you guys think?
more...
GCInThisLife
07-19 04:00 PM
If it is of any consolation, though not required, I did submit employment letter along with her I485 from my wife's company which states her current salary and that employer is willing to provide employment till her H1B approval expires.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
anil_gc
09-26 08:04 AM
as per the certificate you completed the degree in June 2002 and you don't have five years from that date so it is tough now, filing for EB3 was a good option.
Talk to the lawyer and see they can correct it at this stage
Talk to the lawyer and see they can correct it at this stage
more...
pray
08-22 01:08 PM
08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
Hope this is correct,will be able to get GC soon then,my EB2 PD is August 2003.
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
Hope this is correct,will be able to get GC soon then,my EB2 PD is August 2003.
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reddymjm
02-11 10:31 AM
No one can predict USCIS.
more...
pete
12-13 03:29 PM
If I get to it I will report this to the authorities. IV should work against this as well.
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kaisersose
06-05 02:36 PM
Guys,
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
Not even CIS, only DOS can make a meaningfule prediction. Last year, CIS had no idea that DOS would make all categories current in the July bulletin. If CIS had any control over that, it would have never happened.
If I remember correctly last year, some 14000 visas were given to India EB3. EB3 includes categories like Nurses, etc. We cannot expect them to login to and keep their status up to date. hence, numbers prove nothing.
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
Not even CIS, only DOS can make a meaningfule prediction. Last year, CIS had no idea that DOS would make all categories current in the July bulletin. If CIS had any control over that, it would have never happened.
If I remember correctly last year, some 14000 visas were given to India EB3. EB3 includes categories like Nurses, etc. We cannot expect them to login to and keep their status up to date. hence, numbers prove nothing.
more...
longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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GC08
07-07 08:39 PM
Glad that it caught some attention. However, from what I heard, it was not deep enough. Only a detailed replay of the event and other related issues can give people a real understanding how serious the problem is.
more...
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jonty_11
05-15 11:35 AM
I have been calling my state and other states too as I get time. I will do that for this Bill as well.
I think this one is critical in that it will get many folks out of the picture/queue.
I think this one is critical in that it will get many folks out of the picture/queue.
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Powersa
07-07 06:42 PM
Good news story, kudos.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
more...
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jethro11
04-20 09:10 AM
Hi,
I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.
----------------------------------------------------------------------------------------------------
Transit Visa Regulation for Indian Residents
In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.
Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru
In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.
Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.
Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai
In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.
Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries
Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.
I will be traveling during May to India (Bangalore) with a 3 hour layover in Frankfurt (Lufthansa). Is there anyone who has just returned through frankfurt without a transit visa?
What is confusing is that on the Indian website of Lufthansa it says that "Expired Visa with I797 extension notice accepted " Check out the last line in bold font.
----------------------------------------------------------------------------------------------------
Transit Visa Regulation for Indian Residents
In order to ensure a smooth and hassle free tansit through two Schengen States or when booking a Journey from India to USA via Canada, please pay attention to the transit visa regulations.
Indian passport holders in possession of a valid visa to USA and traveling to USA via Canada require a Canadian Transit Visa.
Routing Example : Bengaluru - Frankfurt -Toronto- Newark - Frankfurt - Bengaluru
In the above routing, the indian resident would require a Candian Transit Visa even if there is no stopover in Toronto.
Indian passport holders in possession of a valid visa to their final destination, but transiting via two Schengen States, require a valid Schengen Visa.
Routing Example : Chennai- Frankfurt- Paris -Chicago- Frankfurt- Chennai
In the above routing, the Indian resident would require a Schengen Visa even if there no stopover in Frankfurt or Paris.
Indian nationals can Transit without Visa via FRA/MUC if holding a valid visa for the destination and a valid Visa for any of the following countries
Bulgaria, Canada, Cyprus, Ireland, Japan, Liechtenstein,
Romania, UK and USA (Expired Visa with I797 extension notice accepted - Schengen Visa.
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logiclife
12-13 04:17 PM
AILA and all the immigration lawyers and many employers threw a hissy fit when DOL wanted to shut down labor substitution.
They lobbied hard at DOL to allow the continuation of labor substitution. IV has tried to get DOL to eliminate labor substitution or at least make it such that the Priority date is not the labor filing date but the 140 filing date. Allow labor sub with PD = 140 filing date will solve the problem of cutting in line and getting ahead in an unfair manner. QGA helped to get our message to Eliane Chow, The Secretary of Labor Department. (http://www.whitehouse.gov/government/chao-bio.html)
Unfortunately, the secretary of labor didnt oblige.
These immig lawyers and AILA bombarded DOL with requests in favor of labor sub.
They lobbied hard at DOL to allow the continuation of labor substitution. IV has tried to get DOL to eliminate labor substitution or at least make it such that the Priority date is not the labor filing date but the 140 filing date. Allow labor sub with PD = 140 filing date will solve the problem of cutting in line and getting ahead in an unfair manner. QGA helped to get our message to Eliane Chow, The Secretary of Labor Department. (http://www.whitehouse.gov/government/chao-bio.html)
Unfortunately, the secretary of labor didnt oblige.
These immig lawyers and AILA bombarded DOL with requests in favor of labor sub.
more...
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nag2007
10-11 04:20 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
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masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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ragz4u
03-16 10:42 AM
We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...
Will update as soon as we hear more...
Not sure if this can be construed as good news or bad news! :(
The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!
Will update as soon as we hear more...
Not sure if this can be construed as good news or bad news! :(
The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!
jsb
08-15 02:22 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
Fedex Receipt shows Sender And Addressee, name, address etc. It does not tell whose application (and what else) is inside. In reality, having Fedex receipt only proves that some package has been been delivered at USCIS, but what is inside, there is no guarantee or proof.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
Fedex Receipt shows Sender And Addressee, name, address etc. It does not tell whose application (and what else) is inside. In reality, having Fedex receipt only proves that some package has been been delivered at USCIS, but what is inside, there is no guarantee or proof.
eb3_nepa
12-04 08:06 PM
I'll belive it when i actually SEE it happen. Rediff and TOI report all sorts of stuff that is sometimes far from the truth. Remember when the bill was introduced in senate and was being debated, they published that the H1B increase bill has been passed! Let us get official word that this has happened and we can be happy after that.
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