bestia
08-15 06:14 PM
Everyone wants to play it safe until they get greencard and then everyone becomes risk taker after greencard gets approved; because they feel uscis is no longer watching.
Have you ever seen an RFE; where a company is asked to account for all h-1b, L-1, I-140's and people who got greencard through the company and where they are?
I have seen it. It is where there is an imbalance between current employee headcount and number of greencard filings. This imbalance will always exist in staffing companies because everyeone eventually has to file labor/140. At certain points of time there will be more pepole who have gone for greencard then what the current headcount is.
There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.
USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?
Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?
Have you ever seen an RFE; where a company is asked to account for all h-1b, L-1, I-140's and people who got greencard through the company and where they are?
I have seen it. It is where there is an imbalance between current employee headcount and number of greencard filings. This imbalance will always exist in staffing companies because everyeone eventually has to file labor/140. At certain points of time there will be more pepole who have gone for greencard then what the current headcount is.
There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.
USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?
Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?
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msp1976
10-16 10:50 AM
I thought i wouldn't marry till i get ma GC coz i didn't wanna gal to come n rot here without a job being on H4.
but now i've gotten so freakin old waitin for the GC n still waitin that i might not get a gal to marry.:eek: :eek:
well there are always other things to do for a H4 ..
At present My wife on her H4 is pursuing her Master's degree ... I donot need to tell you that I got a deep hole in my pocket..
Also I have heard some H4 spouses doing volunteering work..
Also you can have kids and get another piece of 'work' out of the way...If anyone has more ways of making the better of the situation let me know...
:p :D :cool: :cool: ;) :D
but now i've gotten so freakin old waitin for the GC n still waitin that i might not get a gal to marry.:eek: :eek:
well there are always other things to do for a H4 ..
At present My wife on her H4 is pursuing her Master's degree ... I donot need to tell you that I got a deep hole in my pocket..
Also I have heard some H4 spouses doing volunteering work..
Also you can have kids and get another piece of 'work' out of the way...If anyone has more ways of making the better of the situation let me know...
:p :D :cool: :cool: ;) :D
vxg
08-03 03:26 PM
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
What makes people think that USCIS has preadjudicated cases in the order of priority date. If they have preadjudicated cases from 2005,2006 and left the cases from 2003 -2004 then it is the same mess an d i can bet that knowing USCIS chance of this are very very high so even if your date gets current it is still luck whether you get GC ornot.
EB2 - I
PD: Jul 2004
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mrsr
05-22 12:34 AM
Processing times are based on Received date or Notice Date?
more...
sweet23guyin
10-13 01:56 PM
I know I am not going to get my GC righ away by attending rallies/meetings and activity's. But there should be an efforts from every one to raise their hand and contribute for the cause. Appreciate the core members and state chapter leaders for your vision and work.
At the same note,I regret for not being at DC after meeting some of the members yesterday.
Before, I have little/no idea of how to approach lawmakers (my idea of meeting lawmakers was like meeting politicians in INDIA, Zindhabad...Zindhabad type), glad i do now :rolleyes:!
Main concern/talk was about not many people turning up with 3000 IV members in the tristate, I strongly believe we can do much better in the number department for the next meeting. Again, not just numbers but with some motivation to take part in the events to come.
I did not like the leaders thanking the members just because they turned up! It should always the other way around, members should thank the leaders for organizing such events. After all it is for ones own benefit, no one is doing a fa�vour to any one!
Come on folks, join ur state chapters.
At the same note,I regret for not being at DC after meeting some of the members yesterday.
Before, I have little/no idea of how to approach lawmakers (my idea of meeting lawmakers was like meeting politicians in INDIA, Zindhabad...Zindhabad type), glad i do now :rolleyes:!
Main concern/talk was about not many people turning up with 3000 IV members in the tristate, I strongly believe we can do much better in the number department for the next meeting. Again, not just numbers but with some motivation to take part in the events to come.
I did not like the leaders thanking the members just because they turned up! It should always the other way around, members should thank the leaders for organizing such events. After all it is for ones own benefit, no one is doing a fa�vour to any one!
Come on folks, join ur state chapters.
amitjoey
05-14 04:04 PM
This thread is still relevant even after today's VB and even for folks with PD<Jun2003 so just /\/\/\/\/\/\/\/\ up :)
We need the funds and the media attention now, more than ever before.
We need the funds and the media attention now, more than ever before.
more...
abuddyz
07-04 10:25 PM
indianindian2006, I also got OCI for my Son, issued in June 2006 (both parent Indian Citizen). I have read one case who applied in Nov 2006 and it got rejected so it seems that rule got changed sometime in 2006.
indianindian2006, do you think we have to do anything now. I am worried that it might create issue for our kids OCI in future. It will be good to have some documentation with us.
does any one have any reference/url to this rule change.
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
indianindian2006, do you think we have to do anything now. I am worried that it might create issue for our kids OCI in future. It will be good to have some documentation with us.
does any one have any reference/url to this rule change.
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
2010 FUNNY FRIENDSHIP QUOTES and
ujayra01
06-24 11:04 PM
My wife is apply for AP renewal. She has her AParole until oct, 2,2008. She is travelling to india this week for three weeks. Can she apply for renewal and travel to india. Is it legal or does it have any replications.
According to my lawyer, the person (in this case your wife) must be in USA until your wife's AP application is accepted. Basically your wife should not try to apply AP when the she is not physically in USA.
After the application acceptance, your wife can travel.
Disclaimer: Please do not take this granted and always consult your immigration attorney.
According to my lawyer, the person (in this case your wife) must be in USA until your wife's AP application is accepted. Basically your wife should not try to apply AP when the she is not physically in USA.
After the application acceptance, your wife can travel.
Disclaimer: Please do not take this granted and always consult your immigration attorney.
more...
natrajs
09-29 09:38 AM
Do you see any possible forward movements in Nov 08 bulletin? EB2? EB3?
Any educated guesses, rumours, inside news etc? Not that it will change anything but by now USCIS would have taken stock of the situation and possibly updated their demand projections
Here is some historical data for EB2-I (not that it will exactly help..)
oct 05 - nov 99
nov 05 - nov 99
dec 05 - july 00
jan 06 - jan 01
.....
oct 06 - jun 02
nov 06 - jan 03
dec 06 - jan 03
jan 07 - jan 03
.....
oct 07 - apr 04
nov 07 - apr 04
dec 07 - jan 02 :)
jan 08 - jan 00
Feb-Mar 08 - U
Apr 08 - Dec 03
May 08 - Jan 04
Guess What from NOV - 08 to July 09, the VB will have older Cut off dates and after July 09 DOS will open the flood gate and move the cutoff of to 2007 or even 2008.
USCIS will start approve the cases with later PD's and the leave the older PD's on the air.
It is a mess. I don't have any trust in USCIS
Any educated guesses, rumours, inside news etc? Not that it will change anything but by now USCIS would have taken stock of the situation and possibly updated their demand projections
Here is some historical data for EB2-I (not that it will exactly help..)
oct 05 - nov 99
nov 05 - nov 99
dec 05 - july 00
jan 06 - jan 01
.....
oct 06 - jun 02
nov 06 - jan 03
dec 06 - jan 03
jan 07 - jan 03
.....
oct 07 - apr 04
nov 07 - apr 04
dec 07 - jan 02 :)
jan 08 - jan 00
Feb-Mar 08 - U
Apr 08 - Dec 03
May 08 - Jan 04
Guess What from NOV - 08 to July 09, the VB will have older Cut off dates and after July 09 DOS will open the flood gate and move the cutoff of to 2007 or even 2008.
USCIS will start approve the cases with later PD's and the leave the older PD's on the air.
It is a mess. I don't have any trust in USCIS
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gcisadawg
03-26 03:12 PM
let us start May 2009 predictions.
EB3-I 2003 October
Thanks for taking care of my PD.
My prediction: EB3-I would move to NOV 20th 2001
Also, my predictions for EB3-I for next several years..
Oct 2009--> Jan 1st 2002
Oct 2010--> June 1st 2002
Oct 2011--> Oct 15th 2002
Oct 2012--> Dec 20th 2002
Oct 2013--> April 15th 2003
Oct 2014--> July 1st 2003
Oct 2015--> Oct 15th 2003
There are about 19K to 22K EB3-I I-485 pending as of now with PD Oct 2003 or earlier.. The above is the realistic prediction based on about 3000 EB3-I GC/year.
Regards,
GCisadawg
EB3-I 2003 October
Thanks for taking care of my PD.
My prediction: EB3-I would move to NOV 20th 2001
Also, my predictions for EB3-I for next several years..
Oct 2009--> Jan 1st 2002
Oct 2010--> June 1st 2002
Oct 2011--> Oct 15th 2002
Oct 2012--> Dec 20th 2002
Oct 2013--> April 15th 2003
Oct 2014--> July 1st 2003
Oct 2015--> Oct 15th 2003
There are about 19K to 22K EB3-I I-485 pending as of now with PD Oct 2003 or earlier.. The above is the realistic prediction based on about 3000 EB3-I GC/year.
Regards,
GCisadawg
more...
axp817
09-22 08:02 PM
Chanduv23,
Thanks again for being ever so helpful. That being said, can you please share your thoughts on the following situation?
140 approved, 485 pending for more than 180 days, EAD/AP approved, and in hand.
Candidate leaves sponsoring employer and joins another employer (similar position/salary, etc.) New employer's attorneys send the AC21 letter and G-28 forms to the USCIS. The attorneys are very familiar with this, have handled lots of AC21 cases (Fragomen).
Is there any way the candidate can call USCIS customer service and ask for the attorney/representative's name on file, just to make sure that the G28 did get processed and the attorney name on file got changed from the old law firm to the new one? Would customer service share that information with the candidate?
Thanks,
Thanks again for being ever so helpful. That being said, can you please share your thoughts on the following situation?
140 approved, 485 pending for more than 180 days, EAD/AP approved, and in hand.
Candidate leaves sponsoring employer and joins another employer (similar position/salary, etc.) New employer's attorneys send the AC21 letter and G-28 forms to the USCIS. The attorneys are very familiar with this, have handled lots of AC21 cases (Fragomen).
Is there any way the candidate can call USCIS customer service and ask for the attorney/representative's name on file, just to make sure that the G28 did get processed and the attorney name on file got changed from the old law firm to the new one? Would customer service share that information with the candidate?
Thanks,
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knnmbd
04-03 12:58 PM
I agree with abhishek101, going by his personal experiences and his knowledge of �people� and not to mention his rude and dictatorship like attitude on the forum, we should kick him out first. All in favor say �yeah�, all against say �nah�
more...
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AZ_GC
08-22 07:10 PM
I absolutely agee with Franklin.
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gcisadawg
09-06 08:20 PM
No need to use AP to travel when you are in valid H1 status, and are continuing to work with the GC sponsoring employer. You can use the valid h1 stamp to reenter without any risk to the pending 485
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
ramaonline,
Thanks for your feedback. We dont have valid H1B stamp on the passport although we have a valid H1B approval. My wife needs to go for stamping.
My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.
Thanks,
gcisadawg
Spouse can travel and reenter on H4 even if she has a valid AP provided that you maintain H1 status. Note that H4 is a derivative of H1 status. H4 status ends once EAD is used for work purposes. If the EAD is used for work, then it is safest to travel and re-enter on AP.
ramaonline,
Thanks for your feedback. We dont have valid H1B stamp on the passport although we have a valid H1B approval. My wife needs to go for stamping.
My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.
Thanks,
gcisadawg
more...
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xu1
03-25 10:03 AM
I just used bank billpay to send in a small contribution.. I will continue my support once the expenditure schedule is viewable by volunteers. The bank deducts the amount right away but I don't think they indicate whether the payee have actually cashed the check by the payment date. So could someone issue a receipt via email or forum private message? I included my forum id on the billpay. Thanks guys.
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ragz4u
04-03 10:50 AM
These are the talking points that AILA is suggesting for calls made to the Senators :
http://capwiz.com/aila2/callalert/index.tt?alertid=8554496&type=CO
(please call between 9am & 5pm)
Ask For: Immigration Staffer
Talking Points:
1) Tell your Senator to support the Judiciary Committee's comprehensive immigration reform bill!
2) Tell them that we need a workable solution and path to eventual permanent status for the 12 million undocumented!
3) Tell them that we need a new temporary worker program that offers labor protections and a path to permanent status!
4) Tell them that the family and employment backlog provisions in the Chairman's Mark are good and should remain in the bill!
5) Tell them that full access to the Circuit Courts of Appeal must be preserved!
I hope knnmbd realizes here that AILA has no mention of legal immigrants in the call to Senators.....your thoughts knnmbd?
http://capwiz.com/aila2/callalert/index.tt?alertid=8554496&type=CO
(please call between 9am & 5pm)
Ask For: Immigration Staffer
Talking Points:
1) Tell your Senator to support the Judiciary Committee's comprehensive immigration reform bill!
2) Tell them that we need a workable solution and path to eventual permanent status for the 12 million undocumented!
3) Tell them that we need a new temporary worker program that offers labor protections and a path to permanent status!
4) Tell them that the family and employment backlog provisions in the Chairman's Mark are good and should remain in the bill!
5) Tell them that full access to the Circuit Courts of Appeal must be preserved!
I hope knnmbd realizes here that AILA has no mention of legal immigrants in the call to Senators.....your thoughts knnmbd?
more...
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BharatPremi
10-24 05:09 PM
july 2nd filer
http://www..com/discuss/485eb/63774255/
Yep, It is luck nothing else...
http://www..com/discuss/485eb/63774255/
Yep, It is luck nothing else...
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EkAurAaya
06-12 11:40 AM
I think you need a second opinion from a lawyer, no one here can really help you (unless he/she is a lawyer).
If your version of the story is really the absolute truth (assuming there is no wrong doing on your part) then you should fight, the system is fair (I'm sure people understand language barriers) and I'm sure judgment will be in your favor.
Just a word of caution... Don't underestimate the intelligence of people making the judgment, they deal with such cases everyday - they can easily smell a rat.
GC is not life, the trial verdict can change your life for better or for worse (specially if there is jail time involved).
Good Luck!
If your version of the story is really the absolute truth (assuming there is no wrong doing on your part) then you should fight, the system is fair (I'm sure people understand language barriers) and I'm sure judgment will be in your favor.
Just a word of caution... Don't underestimate the intelligence of people making the judgment, they deal with such cases everyday - they can easily smell a rat.
GC is not life, the trial verdict can change your life for better or for worse (specially if there is jail time involved).
Good Luck!
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saileshdude
07-09 10:32 PM
Can anyone recommend attorney who are good in AC21 and I-485 Motion To Reopen cases. Who is better, muthy or Oh law firm, or Ron Gotcher ? I am confused as to whose services I should take knowing that my I-140 will be revoked and if I have to file MTR.
PDOCT05
07-19 01:07 PM
Can somebody pls confirm that we can get 3 yr H1 extensions if we file our 485 applications and also any source if you can.
Do not mind but I think this would be a critical ice breaker for lot us to make a decision of to file or not to file
I think as per my discussion with lawyer to get 3 year extension you need I-140 approval.
Do not mind but I think this would be a critical ice breaker for lot us to make a decision of to file or not to file
I think as per my discussion with lawyer to get 3 year extension you need I-140 approval.
sathishav
03-09 12:24 PM
Here is the timeline for folks that are not serious
EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.
EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.
Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.
Agree with Pappu.
We maybe happy now with EAD, but, we never know. Consider this, as per Yates memo
This memo is just a "interim guidance" and NOT a law. That does not make me very comfy. If it is a law, we can always appeal in court. Not sure about an "interim guidance "
It also clearly mentions, "this is an interm guidance and the final law can be more restrictive".
In the Yates memo, the 180 day rule is very Lenient , which many of us interpreted or will interpret in our favor.
EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.
EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.
Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.
Agree with Pappu.
We maybe happy now with EAD, but, we never know. Consider this, as per Yates memo
This memo is just a "interim guidance" and NOT a law. That does not make me very comfy. If it is a law, we can always appeal in court. Not sure about an "interim guidance "
It also clearly mentions, "this is an interm guidance and the final law can be more restrictive".
In the Yates memo, the 180 day rule is very Lenient , which many of us interpreted or will interpret in our favor.
