gcpadmavyuh
08-22 10:16 AM
Most of us do not have access to Aila's articles.
wallpaper The
tonyHK12
04-29 03:54 PM
Yep, I am more interested in the next 40 minutes when USCIS might release the inventory. :(
yup, deja vu for most people
yup, deja vu for most people
GCBy3000
07-26 05:03 PM
for sure nebraska will revise it to 10/26 or later. I think they did not realize what they are getting into when they released the date last week.
thanks for posting the actual link...
http://www.uscis.gov/files/pressrele...mes27Jul07.pdf
even before USCIS did....
thanks for posting the actual link...
http://www.uscis.gov/files/pressrele...mes27Jul07.pdf
even before USCIS did....
2011 Superhero
vbkris77
11-30 10:42 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
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sujan_vatrapu
11-03 08:48 AM
I have nothing to say about the dems in particular...........however, you are being extremely short sighted if you want Obama to loose. He is driving this country in the right direction, and you go with any republican who just talks nonsense of tax cut and national security, you may have a green card or even citizenship - and your children will be wishing to go to another country as there are no opportunities here!
(When I say you and your children, I mean us and our children)
i disagree with you, i love obama the candidate, but since then he did little to merit his election, so howz health care gonna help ppl who have no job in the first place, stimulus was a colossal failure by any standard, he referred republicans as "enemies", howz that for a "change" in dc? we all know this country needs innovation but therz no significant increase in R&D under his presidency, i love some of his decisions but saying he is taking country in the right direction and there is no republican who can do that is not true,
he is too left, we need a leader who does not lean left or right
(When I say you and your children, I mean us and our children)
i disagree with you, i love obama the candidate, but since then he did little to merit his election, so howz health care gonna help ppl who have no job in the first place, stimulus was a colossal failure by any standard, he referred republicans as "enemies", howz that for a "change" in dc? we all know this country needs innovation but therz no significant increase in R&D under his presidency, i love some of his decisions but saying he is taking country in the right direction and there is no republican who can do that is not true,
he is too left, we need a leader who does not lean left or right
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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BharatPremi
11-30 03:45 PM
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
2010 Funny
mantric
02-16 09:02 PM
this is a valid point.
but advantages of CP vs AOS are completely besides the point as that decision is based on individual circumstances.
If you/IV want to lobby, lobby for EAD/AP for the guys whose 140 was approved and staying in US legally on a non-immigrant visa. This may be possible thro, USCIS regulation w/o law change.
but advantages of CP vs AOS are completely besides the point as that decision is based on individual circumstances.
If you/IV want to lobby, lobby for EAD/AP for the guys whose 140 was approved and staying in US legally on a non-immigrant visa. This may be possible thro, USCIS regulation w/o law change.
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jasguild
07-17 10:31 AM
FBI background check delay is the only reason why visa numbers are wasted every year.
I am not sure either way, however I have heard the FBI comment that they only flag a small fraction of cases. IF that is true, then the USCIS may just be using the FBI as an excuse.
jasquil
I am not sure either way, however I have heard the FBI comment that they only flag a small fraction of cases. IF that is true, then the USCIS may just be using the FBI as an excuse.
jasquil
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rweworld1
08-12 09:31 AM
In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
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rameshk75
02-12 02:51 PM
Hi Shana04,
Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..
Question:
Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..
Thanks
I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
Did you invoke AC21 with H1 transfer? I mean did you transfer your H1B to a different company which is not your GC sponsoring company? If so give me more details..
Question:
Am working for a GC sponsoring company and applied for 485 and received EAD, AP etc... Am not willing to move to EAD..can i change the company with a H1B transfer and invoking AC21? Pls give details..
Thanks
I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.
Not received FP yet and did not call Service center for it.
Any clues? or any experienced the same.
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Leo07
06-24 12:42 PM
I think finding 'floor time' will be a major issue...compared to votes. GOP would have recognized by now what caused them to fail last time...
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house like Gecko) Version/5.0.2
neverbefore
07-14 02:57 AM
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
Congratulations Dinesh! I feel very happy for you.
Could you take some time out and let us know about your H1B delay in India?
Thanks
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
Congratulations Dinesh! I feel very happy for you.
Could you take some time out and let us know about your H1B delay in India?
Thanks
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GCInThisLife
07-19 04:45 PM
I did search this with given phrase.. All the search results I see are directed to university websites.. primarily referring to I-20 validity. May be since universities are a little particular about status issues, informing the rules in advance.
In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
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black_logs
01-19 08:51 AM
Guys we had a conference call with the CA folks yesterday. It was an excellent call people came forward with new ideas. Let's discuss all that on this forum here.
dresses like Gecko) Version/5.0.2
ngopalak
03-03 02:37 PM
This is probably somebody playing a prank or worse somebody trying to cheat you...cannot imagine how though.....
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
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GoneSouth
01-31 11:52 AM
USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.
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cram
10-10 10:29 PM
The October visa bulletin has been out for 10 days now and we haven't seen any approvals as of yet. Are there any?
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lordoftherings
07-16 11:59 PM
This is the same argument used by anti-immigrants.
I am a nurse so we better flood the job market; don't you think so?
Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.
lotr
I am a nurse so we better flood the job market; don't you think so?
Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.
lotr
mmj
04-19 03:51 PM
Good job mmj.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
We've already donated to IV in the past.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
We've already donated to IV in the past.
sandiboy
08-16 04:16 PM
Tomorrow being the last day for filing, i believe whoever had to refile have already done so.... So i guess Admin should close this thread