bharad
02-04 02:38 PM
have sent you a p.m.
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chicago60607
09-10 05:36 PM
Hey Yall,
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
vbkris77
03-10 04:18 PM
Thanks for the reply. I already contributed fo FOIA campaign.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
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srkamath
07-03 10:18 PM
Country-wise caps are clearly not a sensible way to retain the best talent in the world in the US. The purpose of the EB visa program is to get the best contributors to the US economy mostly when and where Americans are not available. The EB immigration system is not a socialist entitlement program for prospective immigrants from China, India or the ROW. The program must be fair to the US, fairness (or lack thereof) to all qualified prospective immigrants is a consequence not the intent of the law.
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.
Here's an amendment that strikes middle ground ......
For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.
I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
Any thoughts / comments?
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Almond
07-05 02:38 PM
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
OK, I understand what you're telling me. In an earlier post I mentioned that I can understand how someone who's been here a while and has a certain tie to this place can justify spending money on it and perhaps at a certain point I will as well-just not right now on my second day of posting, and yes I understand now that it does more than just provide a venue for us to communicate. Please don't use "forever" when I am waiting for my GC, :( say "a little bit longer":)
OK, I understand what you're telling me. In an earlier post I mentioned that I can understand how someone who's been here a while and has a certain tie to this place can justify spending money on it and perhaps at a certain point I will as well-just not right now on my second day of posting, and yes I understand now that it does more than just provide a venue for us to communicate. Please don't use "forever" when I am waiting for my GC, :( say "a little bit longer":)
jsb
08-17 11:25 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD
more...
amitjoey
07-05 03:52 PM
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
Man, $2500 only. That is really pathetic.
Man, $2500 only. That is really pathetic.
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dskhabra
03-17 09:46 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
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hpandey
06-10 12:58 PM
@hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.
I think it is racist because accordinging to Mr Grassley H1B= Indians .. that is how short sighted he is.
Just think how many Indians and chinese would be affected and how many from ROW. What is it if not racism\discrimination whatever you might want to call it.
If he thinks his amendments are going to bring jobs to America he is really ignorant of how the world works. If his idea is that these hundreds of thousands of H1b and AOS people are just going to pack up their bags and leave their jobs behind he is mistaken. Not everyone does a job in which he can be fired on Friday and on Monday someone else can replace him. A lot of us do jobs which cannot be replaced easily .
I think it is racist because accordinging to Mr Grassley H1B= Indians .. that is how short sighted he is.
Just think how many Indians and chinese would be affected and how many from ROW. What is it if not racism\discrimination whatever you might want to call it.
If he thinks his amendments are going to bring jobs to America he is really ignorant of how the world works. If his idea is that these hundreds of thousands of H1b and AOS people are just going to pack up their bags and leave their jobs behind he is mistaken. Not everyone does a job in which he can be fired on Friday and on Monday someone else can replace him. A lot of us do jobs which cannot be replaced easily .
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GCNirvana007
10-10 01:33 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
No how about carry the documents which is required by LAW rather your criminal suggestion?
Its simple, its LAW. They have clearly stated to carry. Just carry the damn documents and get over it. I see it amusing people whining about this. Its not like they are raping you. They are asking questions which they are entitled to. If someone crosses the line, then yes we can take it up on them.
No how about carry the documents which is required by LAW rather your criminal suggestion?
Its simple, its LAW. They have clearly stated to carry. Just carry the damn documents and get over it. I see it amusing people whining about this. Its not like they are raping you. They are asking questions which they are entitled to. If someone crosses the line, then yes we can take it up on them.
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satysh
07-17 03:59 PM
NumberUSA removed the fax now.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
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sc3
10-20 01:06 PM
Hello there,
I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.
Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?
I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.
Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.
Then we should plan a rally.
I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance
How stupid can someone be to give me a red for my previous post.
Now for this. Why should someone hide behind a red dot (just to say "you suck" and things like that). Most, if not all, red dots are personal attack on the person rather than the post. The very few reds which actually are justifiable are the ones where someone is given the red for his offensive remarks.
I realize that a side discussion on red dots is not germane to this post, but it is the participants in the discussion here who have brought it up. As evidenced by so many posts that keep happening now and then, some feel bad to post when people intimidate them with reds. Of course, some may say that red dots doesn't matter, but to a new member (who has contrarian views), getting red pretty much means some people are not going to take them seriously.
I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.
Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?
I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.
Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.
Then we should plan a rally.
I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance
How stupid can someone be to give me a red for my previous post.
Now for this. Why should someone hide behind a red dot (just to say "you suck" and things like that). Most, if not all, red dots are personal attack on the person rather than the post. The very few reds which actually are justifiable are the ones where someone is given the red for his offensive remarks.
I realize that a side discussion on red dots is not germane to this post, but it is the participants in the discussion here who have brought it up. As evidenced by so many posts that keep happening now and then, some feel bad to post when people intimidate them with reds. Of course, some may say that red dots doesn't matter, but to a new member (who has contrarian views), getting red pretty much means some people are not going to take them seriously.
more...
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mps
04-23 09:43 PM
Hearty Congratulations !!
You have been a great contributor to this site .. please continue to do so for benefit of rest of us ..:)
You have been a great contributor to this site .. please continue to do so for benefit of rest of us ..:)
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roseball
07-09 03:55 PM
Yes, you are right that we cannot sue anyone for working harder. I agree with that part too.
I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....
From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....
I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....
From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....
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div_bell_2003
05-27 07:06 PM
During our 485 filing the lawyers had informed us that making exact size color copies of any official documents (including DL) is illegal. They had asked me to increase/decrease the size by 20-25% which is perfectly legal.
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nk2006
12-27 08:54 AM
GUYS THIS SEEMS INCORRECT, I HAVE A 529 FOR BOTH MY BOYS......MY FINANCIAL BROKER SET IT UP FOR ME..
I also have opened 529 account couple years ago (and contributing to it monthly ever since). No issues (no questions were asked about my visa status) while opening or during my monthly contributions. My understanding is, we can use these funds anywhere in the world as long as the money taken out is used for higher educaiton of designated beneficiary.
The biggest disadvantage for us is in our jobs - so many jobs are advertised with a clear mention that they dont support visa. This is not restricted to some mom and pop tech shops even some bigger companies do that. Also in big companies where H1B's are welcomed (like Cisco, Microsoft etc); they dont take you if you have less remaning time on your H1B. I knew a case where a friend of mine was interviewed and offered a very good position in one such reputed companies. The interview/background check process took two/three months at the end of it they realized that the personal have only 1year 4months left on his H1B visa. So they told him they wont take him; reason given is company policy that they need atleast 2 years on your H1B so that they have enough time to sponsor greencard etc. There are so many such instances where we are losing big time on our careers in the peak of our lifes.
I also have opened 529 account couple years ago (and contributing to it monthly ever since). No issues (no questions were asked about my visa status) while opening or during my monthly contributions. My understanding is, we can use these funds anywhere in the world as long as the money taken out is used for higher educaiton of designated beneficiary.
The biggest disadvantage for us is in our jobs - so many jobs are advertised with a clear mention that they dont support visa. This is not restricted to some mom and pop tech shops even some bigger companies do that. Also in big companies where H1B's are welcomed (like Cisco, Microsoft etc); they dont take you if you have less remaning time on your H1B. I knew a case where a friend of mine was interviewed and offered a very good position in one such reputed companies. The interview/background check process took two/three months at the end of it they realized that the personal have only 1year 4months left on his H1B visa. So they told him they wont take him; reason given is company policy that they need atleast 2 years on your H1B so that they have enough time to sponsor greencard etc. There are so many such instances where we are losing big time on our careers in the peak of our lifes.
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apb
07-19 08:02 PM
My lawyer is asking for the tax returns for last three years for 485 filing??? I read W2s in the USCIS list but I do not know why he is asking for tax returns?? Any clue.....
USCIS also checks whether you have been paying taxes. W2 alone does not help.
USCIS also checks whether you have been paying taxes. W2 alone does not help.
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labogon
07-28 09:50 AM
I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
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solaris27
07-12 08:33 AM
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
sent
07-24 04:52 AM
My Lawyer says there is no need of such letter to be included and filed my papers and confident about getting that approved. I'm much worried and don't know what to do If gets rejected.
Sent an email to my lawyer again and waiting for his reply.
Any clue How to handle this?
Sent an email to my lawyer again and waiting for his reply.
Any clue How to handle this?
panvel123
09-11 11:31 AM
HR 5882 was approved by sub-committee last month and is currently awaiting markup by house judiciary committee, once the markup is done it may be sent to the floor of congress for debate and vote
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