mheggade
07-20 01:13 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
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vsrinir
09-16 02:43 PM
I DONT SEE ANY PROBLEMS, AS LONG AS YOU KEEP YOUR AP, LETTER FROM YOUR EMPLOYER AND LAST 3 PAY STUBS AND COPY OF I485,EAD,AC21 COPY IF YOU HAVE ONE
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
lord_labaku
11-19 03:38 PM
I think this is a good idea. Most people here, coming from a computerized world, assume that everything in USCIS is automated. Its only partly true. Due to security reasons, preventing vulnerability, they still deal with mostly paper.
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md2003
03-14 09:41 AM
If i140 is revoke by earlier employer , will it possible to port PD to new employer?.
more...
yjprakash
10-13 04:52 PM
What if EAD and AP is lost in mail. Do I need to pay fee again for refiling?
if yes that sucks!!!!!!!
if yes that sucks!!!!!!!
axp817
06-16 12:21 PM
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
more...
h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
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gveerab
08-21 11:06 PM
Don't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
more...
Phaedra
05-30 11:54 AM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
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masti_Gai
10-27 08:20 AM
we need to take all the originals if we have to attend a visa stampin interview.
but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.
but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.
more...
freedom2007
06-06 12:11 AM
Received Appointment Letter today..
Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation
I am the primary Applicant, PD Jul 2003, EB3
There are no visa numbers available for this category. Why Interview call..
Even if they selected my application randomly there are no visa numbers available..
Please help..
I also got the interview letter today in Dallas. mine is also PD Jul 2003, EB3 India
Asked for Medicals, Tax returns(Last 3 years), birth Certificate, and Affidavit of Support I834(mine is not Family based GC) why did they ask me. Is there anyone else in the same situation
I am the primary Applicant, PD Jul 2003, EB3
There are no visa numbers available for this category. Why Interview call..
Even if they selected my application randomly there are no visa numbers available..
Please help..
I also got the interview letter today in Dallas. mine is also PD Jul 2003, EB3 India
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dontcareanymore
08-24 11:50 AM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).
I did not check your PD. You will get your day....stay calm.
At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.
Based on the facts you gave :
1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.
What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....
more...
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n_2006
02-23 12:35 PM
Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
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umangini
04-13 10:41 PM
The law does not applicable to child born in USA. If child born in USA then the cross chargeable for child is applicable to the parents birth country. I am still searching for more information. I will post more information as I will find out.
more...
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cfan666666
06-22 03:10 PM
http://www.uscis.gov/files/pressrele...ling062107.pdf
Does this mean USCIS take it back?
Does this mean USCIS take it back?
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GCard_Dream
04-04 05:42 PM
If you have filed multiple applications like 485, EAD, AP, etc and then you move and do an address change using the AR-11 form, addresses in your pending applications will not get automatically changed. The AR-11 form doesn't change your address in the pending applications unless you filled out the AR-11 form online and specifically requested that addresses in all pending files be changed. This is so weired that the CIS would change address in their central database but the address in the pending applications wouldn't change.
If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
more...
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Michael chertoff
08-19 10:16 AM
Admin/Moderators and other distinguish members,
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
Add Matrimonial too..only for H1b, F1B and any body without GC...
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
Add Matrimonial too..only for H1b, F1B and any body without GC...
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invincibleasian
02-06 05:09 PM
I dont have EAD so I cannot comment!
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nozerd
02-08 11:12 AM
Does anyone know if Transit visa is needed while travelling with Air India via London.
Asking since you dont change planes in London... you continue on same flight.
Asking since you dont change planes in London... you continue on same flight.
zCool
06-08 02:20 AM
While it was indeed a horrible bill and it deserves to die,
it's too early to say it's gone forever.
Moreover, it is nativist and scare-mongering that won the victory today so lets not get carried away..
Moral of the story is.. Anti-immigrant lobbies are very strong and they are organized.
Republican base has found enemy to blame for mis-steps and win 2008 elections.. it is immigration. Buoyed by the success in slowing down 1 piece of legislation that probably had most broad-based support in recent years.. they will try to further the gains by proposing more divisive and mean-spirited bills designed to provoke response and inflame passion (i.e. make life unbearable and very difficult for all immigrants)
On the other hand we will probably have better chance of pushing small reliefs in employement based immigration.
I think if there ever was a time to start new funding drive.. it is NOW!
it's too early to say it's gone forever.
Moreover, it is nativist and scare-mongering that won the victory today so lets not get carried away..
Moral of the story is.. Anti-immigrant lobbies are very strong and they are organized.
Republican base has found enemy to blame for mis-steps and win 2008 elections.. it is immigration. Buoyed by the success in slowing down 1 piece of legislation that probably had most broad-based support in recent years.. they will try to further the gains by proposing more divisive and mean-spirited bills designed to provoke response and inflame passion (i.e. make life unbearable and very difficult for all immigrants)
On the other hand we will probably have better chance of pushing small reliefs in employement based immigration.
I think if there ever was a time to start new funding drive.. it is NOW!
roseball
03-03 03:10 PM
AGI = American Greencard for Indians
Please add this to the immigration acronyms thread started today...:).......:D........:p
Please add this to the immigration acronyms thread started today...:).......:D........:p
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