nomi
12-11 02:28 PM
Quote:
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
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singhsa3
03-03 01:01 PM
I think you missed the point.
We are just saying that we are part of greater economic solution. Our cause has been supported by Greenspan, compete america and several other organizations.
We offer Skills, We offer buying power, We offer much more that will benefit America for the years to come...
It is high time that we be taken seriously and our voices be heard...
We are just saying that we are part of greater economic solution. Our cause has been supported by Greenspan, compete america and several other organizations.
We offer Skills, We offer buying power, We offer much more that will benefit America for the years to come...
It is high time that we be taken seriously and our voices be heard...
anurakt
01-17 01:52 PM
Well Said Pappu, if you ask for people to ask IV for updates 20 times a day, we will get thousands of contributions ...but when it comes to money to support the cause .....all these don't show the faces. These people call themselves high skilled , they want everything without contributing a cent .... ... ....:mad: :mad:
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vin13
02-11 06:48 PM
There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.
Who are you questioning???
I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.
We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.
Who are you questioning???
I just conveyed the message .Nobody said it is true or false. This is the message received period. Now we need to evaluate and see if it makes sense.
We are talking about an inefficient USCIS. It is OK to question and make sure things are happening as it should. The lawyer is not posting information everywhere. Why do you have to jump into conclusions? You and Me have a interest in us getting the green card not the lawyer. Don't expect the lawyer to file a lawsuit for you...and lets get the facts together and leave the lawyer alone.
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eb3_nepa
07-01 09:40 PM
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?
amitjoey
01-18 11:21 AM
Okay here we go. Here is a goal of having 1000 members on $20 monthly recurring contributions. 1000-100 = Need 900 members. Come on guys. Lets start deducting from this number. if you sign up for minimum $20 recurring, please post and say you did. Then deduct from 900
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delax
07-19 08:55 PM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
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GreenLantern
03-15 08:40 AM
:h:
No i'm talking about making a thing instead of a person. Character design means making a character (person) or some sort.
No i'm talking about making a thing instead of a person. Character design means making a character (person) or some sort.
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Canadian_Dream
11-17 06:00 PM
Yes as long as you have an approved I-140 you can continue to extend H1B beyond 6 years.
The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:
1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)
2. Is your H1B status depend on the I-140 on which the extension is granted ?
So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
The issue is not the extensions, but changing the job when you are on one of these extensions. This issue has been raised numerous times in the forums but so far things are still very murky, esp pertaining to the following:
1. What happens to your H1B status after you change your job, and then your previous employer revokes your I-140. ( To subsitute labor for someone else or simply as a matter of corporate proceudre)
2. Is your H1B status depend on the I-140 on which the extension is granted ?
So far these questions aren't answered clearly by lawyers or USCIS or folks in these forums. I hope it gets clarfied soon, becasue implications of the above cases could be as far reaching as being "out of status".
What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.
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pitha
06-12 02:37 PM
house is 100 times more conservative than senate (does not matter if it is democratic controlled house and republican controlled house). If you think house is going to give us EB immigrants a break then you are completely off base. For every kyl, durbin and Kennedy in senate you will have three times more kyl, durbin and Kennedy in the house. House will take the senate bill and make some adjustments to it and not modifications. This bill cannot be repaired by amendments it is fundamentally flawed for us.whatever passes from the senate is the final bill, house will either reject it or rubber stamp it.
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
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vkrishn
07-15 06:02 PM
Interesting that I did fingerprinting only in 2007 Nov/Dec after applying for I485 during the July 2007 fiasco. I have not received any fingerprinting notice since then. Guess I made an impression with my fingers. :)
I wonder why people are getting fingerprinting notices every year? I read a couple of cases about it.
Getting my EAD renewed, even though i am not on it. Renewal Package sent to USCIS.
Getting my AP renewed. Our company Attorney does it even though i don't use it and i am on H-1. Renewal Package Sent to USCIS.
Getting my H-1 renewed as it expires this Oct 10. Finished my 6yrs on H-1. Renewal Package Sent to USCIS.
If i get my I485 Approved in August, then USCIS gets all the money from the renewals that were sent for my case.
I wonder why people are getting fingerprinting notices every year? I read a couple of cases about it.
Getting my EAD renewed, even though i am not on it. Renewal Package sent to USCIS.
Getting my AP renewed. Our company Attorney does it even though i don't use it and i am on H-1. Renewal Package Sent to USCIS.
Getting my H-1 renewed as it expires this Oct 10. Finished my 6yrs on H-1. Renewal Package Sent to USCIS.
If i get my I485 Approved in August, then USCIS gets all the money from the renewals that were sent for my case.
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vin13
03-10 10:32 AM
I have enough miles to get about 3 round trip tickets. Please PM me if you are in need for participating at the DC event.
Please note that priority would be given to
1) someone from mid-west or south-west. Basically the preference is for someone who is not within the drivable distance.
2) You also need to be registered for the advocacy day.
3) You also have to be willing to participate in the training and the 2 days of advocacy.
4) You need to PM me with your name and phone number and good time to reach. There is not much time to go back and forth on PM or emails.
Please note that number of tickets available for miles redemption would be less so we need to act fast.
Thanks
Please note that priority would be given to
1) someone from mid-west or south-west. Basically the preference is for someone who is not within the drivable distance.
2) You also need to be registered for the advocacy day.
3) You also have to be willing to participate in the training and the 2 days of advocacy.
4) You need to PM me with your name and phone number and good time to reach. There is not much time to go back and forth on PM or emails.
Please note that number of tickets available for miles redemption would be less so we need to act fast.
Thanks
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bharad
02-04 02:38 PM
have sent you a p.m.
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Lasantha
07-29 01:04 PM
I would definitely drink this beer if I can get my hands on it. Hopefully it will give me some brains! :D
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bfadlia
03-09 12:54 PM
As much as I hated it, being EB3 ROW with Jul05 pd, I feel it is good that they didn't randomly move the pd forward like last year then give gc to some random 2006, 2007 cases while there are plenty of 2004 and 2005 ROW people still waiting
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deepakjain
06-08 06:32 PM
Do not abuse me...for this post.
2 of my friends have moved back to India after looking at EB2 date of JAN00....I think they took the wise decision....
Else let us work here thinking that we are in Saudi Arabia, work till the age of 58-65 and then move back to India letting our kids settled here.
2 of my friends have moved back to India after looking at EB2 date of JAN00....I think they took the wise decision....
Else let us work here thinking that we are in Saudi Arabia, work till the age of 58-65 and then move back to India letting our kids settled here.
more...
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gsc999
07-01 10:45 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
--
Mandeep:
Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.
Hope to see you become more active here.
--
Mandeep:
Welcome to IV. Yes, the odds are overwhelming but not impossible. A small glimmer of hope is enough to bring thousands of like minded people stuck in retrogression and backlog to IV. I use to share your skepticism. Not anymore, IV has achieved a lot. I won't go down the list but lot more needs to be done, for that we need more members, to become more influential and effective.
Hope to see you become more active here.
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logiclife
01-30 03:56 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.
Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.
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Buran
02-15 02:40 PM
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
70 percent of H-1B are used by Indian consulting companies. Where do you think they hire their workers?
Countries like India, China, Poland, UK, Russia, Canada, and others are not allowed to participate in the DV lottery because they send more then 50,000 immigrants to the US every year.
I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
70 percent of H-1B are used by Indian consulting companies. Where do you think they hire their workers?
Countries like India, China, Poland, UK, Russia, Canada, and others are not allowed to participate in the DV lottery because they send more then 50,000 immigrants to the US every year.
I don\'t think it\'s fare to allow natives of one country to consume more then a half of the world\'s quota. The Congress has the same view on this problem :)
Desertfox
12-10 07:01 PM
I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?
anilsal
12-11 03:00 PM
In my opinion, USCIS created this rule to disallow new applications such that they can deal with the countless backlogged apps for labor.
If the change of rule does not need congress action, then why not explore this option of allowing filing I485 during retrogression?
If the change of rule does not need congress action, then why not explore this option of allowing filing I485 during retrogression?
