rajkr
06-10 07:49 PM
First of all there is no mention of EADs in the Bill. So I do not understand why Pappu is highlighting this issue so much.
Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.
Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.
Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.
Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.
Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.
Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.
Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.
Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.
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Macaca
09-26 09:41 PM
Here's a classic example ..
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
senthil1 makes more sense then this!
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
senthil1 makes more sense then this!
NKR
03-17 10:16 AM
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
EB2 India PD came only up till April 2004 before it retrogressed. There is no way anybody whose PD is between April to Sept 2004 could have applied before July 2007. They might have applied only in July 2007 when USCIS made EB2 PD current by mistake.
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mallu
02-15 04:25 PM
What is the current % of India/China folks in USA now that threaten to affect diversity ? Also how many (% ) from Italy,Ireland,UK etc ?
Anything published ? Just curiosity ( not questioning any current laws )..
Anything published ? Just curiosity ( not questioning any current laws )..
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Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
spicy_guy
08-11 11:44 AM
I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
You put it out well from your side.
BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
You put it out well from your side.
BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:
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vghc
07-03 12:24 PM
I'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!
Would you agree that wives and kids should not be included in the EB GC quota?
Would you agree that wives and kids should not be included in the EB GC quota?
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axp817
05-26 07:12 PM
Entire state of NH is within 100 miles of Canada.
No it isn't. :p
http://maps.google.com/maps?f=q&source=s_q&hl=en&q=keene,+nh+to+colebrook,+nh&sll=44.531759,-71.30127&sspn=1.969612,4.921875&ie=UTF8&ll=43.893934,-71.806641&spn=1.991056,4.921875&z=8&saddr=keene,+nh&daddr=colebrook,+nh
The White mountain area probably is within a 100 miles of Canada though.
Jokes aside,
I read a similar rant on IV a few years ago, that was when I learned about this rule/law/requirement (immigrants required to carry immigration documents on them).
These days, I don't ever leave home without my EAD card, if I am going anywhere within driving distance of where I live. If I fly, I usually carry my passport as well (not sure if that is any good since I am on AOS exclusively, but I do).
No it isn't. :p
http://maps.google.com/maps?f=q&source=s_q&hl=en&q=keene,+nh+to+colebrook,+nh&sll=44.531759,-71.30127&sspn=1.969612,4.921875&ie=UTF8&ll=43.893934,-71.806641&spn=1.991056,4.921875&z=8&saddr=keene,+nh&daddr=colebrook,+nh
The White mountain area probably is within a 100 miles of Canada though.
Jokes aside,
I read a similar rant on IV a few years ago, that was when I learned about this rule/law/requirement (immigrants required to carry immigration documents on them).
These days, I don't ever leave home without my EAD card, if I am going anywhere within driving distance of where I live. If I fly, I usually carry my passport as well (not sure if that is any good since I am on AOS exclusively, but I do).
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boreal
07-13 01:56 PM
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I agree. Infact my application hasnt even been touched once (July 2, RD), no soft LUD either, even after FP .. makes me believe that there might be other applications out there too that have never been touched so far..so we cant assume that all the cases prior to July 2007 have already been pre-adjudicated, just because the processing-dates at NSC say July 2007. I think the processing dates reflect only those cases whose PD was current when the processing-dates timeframe came out. We will know more accurately when the processing-dates are updated next month. If the processing-dates, even after next month's update remain at July, 2007, then we can probably assume that our cases have already been pre-adjudicated. (still makes me wonder how that can happen without any soft LUDs at all, but anything is possible). I will keep my fingers crossed and hope for the best.
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desi3933
01-30 03:04 PM
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
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chanduv23
09-27 10:12 AM
A common card that can be used for different countries - gives excellent mobility - improves standards - induces competition - this concept looks good and promising.
Please share some more info if available. Lest discuss pros and cons
Please share some more info if available. Lest discuss pros and cons
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pappu
09-10 11:14 AM
I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.
Thank you.
You can post. Just type the messages on the left hand side panel.
Thank you.
You can post. Just type the messages on the left hand side panel.
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zuhail
03-11 09:27 PM
Before starting new fund raising...do you consider to contribute for the current drive.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
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10-22 12:05 PM
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nixstor
07-05 12:20 PM
Who was the Einstein who came up with this suggestion...
No Desi brethren will connect if you make it paid. Just tell me how many would use google if google charged you 1c for a search.
Each one of you guys, instead send emails to big media outlets such as CNN, ABC, CBS and FOX. In the email, send I-485 story and the following link that states Rep Lofgren's statement.
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Rax
No one needs to be Einsten to come up with this.
IV is not desi. IV = folks affected by retrogression and othe immigration issues
Comparing Google and IV is like comparing apples and oranges. Still to answer your Q, Google has other ways to make money. IV has none.
I have sent Rep Lofgren's link to a lot of reporters.
No Desi brethren will connect if you make it paid. Just tell me how many would use google if google charged you 1c for a search.
Each one of you guys, instead send emails to big media outlets such as CNN, ABC, CBS and FOX. In the email, send I-485 story and the following link that states Rep Lofgren's statement.
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Rax
No one needs to be Einsten to come up with this.
IV is not desi. IV = folks affected by retrogression and othe immigration issues
Comparing Google and IV is like comparing apples and oranges. Still to answer your Q, Google has other ways to make money. IV has none.
I have sent Rep Lofgren's link to a lot of reporters.
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srini1976
07-02 05:23 PM
So far most of us have spent about 2 - 3k, lost invaluable time with stress & had sleepless nights.
DOS & USCIS should not be spared. Lets help IV & try our best to sue them. I just contributed $100.00 and will continue to contribute until the suckers are sued.
DOS & USCIS should not be spared. Lets help IV & try our best to sue them. I just contributed $100.00 and will continue to contribute until the suckers are sued.
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gc_on_demand
08-10 04:01 PM
10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement
I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.
Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.
I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.
Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.
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09-13 02:01 PM
Easy decision: JUST COME GUYS!!!!
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go_gc_way
12-28 11:13 AM
Thanks Boreal,Subba.
I looked at the following sites
1) www.aapkamanoranjan.com
2) www.lokvani.com (This is a paper magazine as well).
Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.
This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)
Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).
What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)
I looked at the following sites
1) www.aapkamanoranjan.com
2) www.lokvani.com (This is a paper magazine as well).
Wrote to the editors of lokvani, if they can post a classified , they do not have free classifieds. aapkamanoranjan, wont let me send them feedback or contact them.
This is a good beginning. We have posted in several sites, having completed this we all will have completed a good effort for IV (INFACT FOR YOU)
Can other members please come forward and list the sites that are regional in their cities and post in them .... 15 minutes and you will have contributed to this thread :-).
What do you folks suggest, shall I change the thread name to something more attractive ...to get evrey one's one's attention on the Forum first. :-)
Cheran
11-11 02:13 PM
I am pasting a reply from my Fragomen Lawyer. Even though he screwed me royally, he was always on the money when it come to any prediction. So he says it will be another couple of years for 2003 EB3 Cases, I am going to take his word....
" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."
" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."
justAnotherFile
07-24 01:23 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
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