senthil1
06-23 03:04 PM
Predictions of the bill
I think some result will come in the bill sooner or later. if not this year may be next year bill will be passed. Probably most of the immigration provisions will be Amended to get a some releif for everyone. H1 cap may be increased to 115k. No of greencards will not be 650k. may be Double the current number than 650k. There will be strong opposition for big increase of immigration. The reason is lot of americans lost job in IT because of outsourcing and h1s. The impact might be mild as most of them landed in another job as ecomomy slowly improved. If no possiblity of passing the bill it will be killed in 2 or 3 months. On the other hand If delayed for next year the bill will be passed in some form. Bush will try to give relief to illegals before he leaves office.
I think some result will come in the bill sooner or later. if not this year may be next year bill will be passed. Probably most of the immigration provisions will be Amended to get a some releif for everyone. H1 cap may be increased to 115k. No of greencards will not be 650k. may be Double the current number than 650k. There will be strong opposition for big increase of immigration. The reason is lot of americans lost job in IT because of outsourcing and h1s. The impact might be mild as most of them landed in another job as ecomomy slowly improved. If no possiblity of passing the bill it will be killed in 2 or 3 months. On the other hand If delayed for next year the bill will be passed in some form. Bush will try to give relief to illegals before he leaves office.
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kumar1
06-26 12:14 PM
You stole words from my mouth. Do not tell them that you have EAD.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
shreekarthik
10-08 06:40 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
2011 Owl City – All Things Bright amp;
rennieallen
10-09 12:29 PM
Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
Hmmm, I don't think this is a very good analogy to support your position.
Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)
Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.
This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.
This analogy is a nearly perfect counter example to (what I believe is) your intended point.
Hmmm, I don't think this is a very good analogy to support your position.
Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)
Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.
This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.
This analogy is a nearly perfect counter example to (what I believe is) your intended point.
more...
sanhari
07-16 05:09 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
gc28262
06-28 10:48 AM
desi,
I am not trying to make an argument here. I am saying what I am seeing in law.
Security Clearance.
I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.
<quote>
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
</quote>
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
I am not trying to make an argument here. I am saying what I am seeing in law.
Security Clearance.
I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.
<quote>
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
</quote>
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
more...
esh06
09-21 06:52 PM
Application sent on aug 8th.Checks got cashed on sep 18th.
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dealsnet
04-22 08:12 AM
I am pasting his 3 remarkable postings. We can see his courage to face the destiny. He thinks about his family, and see them settle in a stable country before his end. He is saying good bye to IV readers on his last post.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
The news is terrible...
But I admire the courage he showed during his difficult times.
I agree with you dealsnet. We, the members of IV, should take up this issue and try to help his family.
ArkBird, any ideas how we can help?
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Let me answer that. I am from Fiji but I was born in India so I am stuck with rest of you and for my family going back is not an option. Fiji is very hostile to indians living there so for us it's here or nowhere. May be india is an option but we have very few distant relatives in India as both of our parents has passed away.
Though it is a big shock for me and my family, I have to get over it and think about their survival after me.
My apologies if I have given the impression as GC greedy but I can understand how difficult it is for someone to understand how is life without something you can call a "Home"
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
The news is terrible...
But I admire the courage he showed during his difficult times.
I agree with you dealsnet. We, the members of IV, should take up this issue and try to help his family.
ArkBird, any ideas how we can help?
more...
sledge_hammer
07-08 11:45 AM
I think what has happened here is that DOS was frustrated with the pace in which USCIS was processing applications. So in order to push them to work faster, they made all categories current. This strategy worked and USCIS approved 60,000 visa in 15 0r 20 or however many days.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
Then USCIS communicated with DOS that annual quota has been exhausted and thus DOS published the revised bulletin.
My 2 cents.
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snelakan
06-13 11:04 AM
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
more...
SunnySurya
08-18 02:06 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
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chalamcharla
10-02 09:04 PM
Hello,
Reached I 485 on July5th ,9:17a.m to NSC and signed by R.WILLIAMS.
Checks Not cashed yet.
waiting ...:mad::mad::mad::mad:
Reached I 485 on July5th ,9:17a.m to NSC and signed by R.WILLIAMS.
Checks Not cashed yet.
waiting ...:mad::mad::mad::mad:
more...
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nehas
01-30 01:38 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Mr are u going mad because ur wife didn't get H1. see I too have worked with F500 & F200 companies don't think that ur wife is better then all. My consultant told me that he has a job for me but because for this market companies have freesed there recruitments. So don't get pissed and good luck for ur wiefe's visa this year.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Mr are u going mad because ur wife didn't get H1. see I too have worked with F500 & F200 companies don't think that ur wife is better then all. My consultant told me that he has a job for me but because for this market companies have freesed there recruitments. So don't get pissed and good luck for ur wiefe's visa this year.
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madhu345
05-06 07:05 AM
The only one thing the nonimmigrants should aware of Mortgage is they can't expect 100% finance, as per my lender we need to make at a minimum 10% down.
-Madhu
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
-Madhu
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
more...
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CADude
08-27 06:55 PM
Please read all the posts!! you will find your answer. in short, yes few lucky one..
Anyone who sent 485 application to NSC, 140 approved from NSC, got their receipts from TSC?
Anyone who sent 485 application to NSC, 140 approved from NSC, got their receipts from TSC?
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sankap
07-10 12:45 AM
@desi3933:
This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.
.
This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.
.
more...
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vbkris77
02-25 07:10 PM
Payment sent Ref# JB9BKH5W for $20.00
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joeshmoe
06-08 06:44 PM
My case was received by NSC on JUN 1st. They issued the recipt numbers on JUN 5th. I am still waiting on my wifes. They could clear on Monday.. Looks like NSC is also trying to speed up things. They are just one day slower than TSC in issuing recepts.
How did you get this information so fast? Did you call them?
How did you get this information so fast? Did you call them?
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mchundi
05-03 04:02 PM
:) sure you are otherwise you wouldn't be living here.
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
h4help
09-10 10:30 AM
july 5th filer; no reciepts yet !
gosh .. how much longer to wait .. there seems to be no particular order for processing :rolleyes:
gosh .. how much longer to wait .. there seems to be no particular order for processing :rolleyes:
Daisy
06-08 01:52 PM
My lawyer is taking his own sweet time to apply. It is frustrating. Do you guys think that there is any chance that they will stop taking 485 applications at some point before 30 june? Please reply...we are worried.
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