Rajeev
01-31 04:28 PM
This is what I have come up with so far. Please everyone, feel free to modify this:
Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
EB3 moved 2 weeks in 10 months!
EB2 hardly moved in 10 months!
If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.
Do you know how this affects you?
� Frustration of sticking to the same employer and no career growth.
� Children not being able to get state benefits.
� Spouses unable to work.
� The feeling of unsettlement.
� Above all, tons of mental stress.
Do you want be in this mess for ever. I am sure you don�t. We deserve better.
We all have to fight together to fix this broken immigration system and achieve IV�s goals to
� Remove retrogression
� Remove backlogs in labor certification
� Remove backlogs in I-140 and I-485 processing
� Revise the way visa quotas for highly skilled workers are determined
Register FREE to become a member today!
www.immigrationvoice.org
Excellent job Varsha. I would like to modify one line.
Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'
Have you been following at the snails pace movement of the priority dates? If not, here are some reminders
EB3 moved 2 weeks in 10 months!
EB2 hardly moved in 10 months!
If this is the rate at which things move, you will get your Green Card in anywhere from 5 to 15 years based on your priority dates.
Do you know how this affects you?
� Frustration of sticking to the same employer and no career growth.
� Children not being able to get state benefits.
� Spouses unable to work.
� The feeling of unsettlement.
� Above all, tons of mental stress.
Do you want be in this mess for ever. I am sure you don�t. We deserve better.
We all have to fight together to fix this broken immigration system and achieve IV�s goals to
� Remove retrogression
� Remove backlogs in labor certification
� Remove backlogs in I-140 and I-485 processing
� Revise the way visa quotas for highly skilled workers are determined
Register FREE to become a member today!
www.immigrationvoice.org
Excellent job Varsha. I would like to modify one line.
Children not being able to get scholarships, cannot work or get state tuition benefits instead of 'Children not being able to get state benefits.'
wallpaper Gorillaz - Demon Days.jpg
desi3933
02-12 04:04 PM
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
Thanks Pappu.
Appreciate your kind words.
.
If someone thinks visas are being wasted please send us the proof and IV will take action.
Thanks Pappu.
Appreciate your kind words.
.
bigboy007
07-18 12:34 PM
i think we need to wait till a week more and then give a call back to USCIS just to make sure , as per my understanding and my lawyers info none were rejected and they will be accepted.
2011 Gorrilaz Demon Days Shirt
sanjaymm
11-17 05:00 PM
I got a confirmation that my request for information has been put on a complex track.
more...
sam2006
04-05 12:03 PM
I have done it also
response were good from the staff members
5$ per person who calls and posts his message here
i know all the consultants and IT are busy
please do it for a greater purpose in life
5$ per person from today-2morrow
response were good from the staff members
5$ per person who calls and posts his message here
i know all the consultants and IT are busy
please do it for a greater purpose in life
5$ per person from today-2morrow
gc_chahiye
09-24 01:57 PM
Hi,
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
actually your friend who does the translation will sign the form in front of the notary. Your friend is saying that this is a true translation, and the Notary is simply attesting that he saw your friend sign and this was indeed signed by your friend (ie. you did not make this up). The notary does not need to know Telugu, so cant certify that the translation is accurate. Notaries will typically only attest to the fact that the signature on the form is by the right person, they dont carea bout the contents of the form. to summarize:
- friend translates and certifies the translation
- notary puts a stamp on that saying this was indeed signed by your friend.
of course if you find a notary who also does translations, then you could use that too.
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
actually your friend who does the translation will sign the form in front of the notary. Your friend is saying that this is a true translation, and the Notary is simply attesting that he saw your friend sign and this was indeed signed by your friend (ie. you did not make this up). The notary does not need to know Telugu, so cant certify that the translation is accurate. Notaries will typically only attest to the fact that the signature on the form is by the right person, they dont carea bout the contents of the form. to summarize:
- friend translates and certifies the translation
- notary puts a stamp on that saying this was indeed signed by your friend.
of course if you find a notary who also does translations, then you could use that too.
more...
hara_patta_for_rico
07-09 07:54 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
Do you know that July 1st was a Sunday? A non-working day.
my 2 cents...
Do you know that July 1st was a Sunday? A non-working day.
2010 Gorillaz - Demon Days
Abhinaym
09-10 10:42 AM
It seems I don't have the number of posts necessary to log in. Is there anyway I can just view the live updates?
more...
kittu1991
03-17 01:56 PM
Thanks
Just commented on it since he has nothing better to do.
Just commented on it since he has nothing better to do.
hair Gorillaz - Demon Days Live
cool_guy_onnet1
02-21 10:29 AM
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
Not that i want to. just out of curiosity. thanks
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
more...
EndlessWait
07-13 09:35 AM
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
hot Gorillaz - Demon Days Live
nat23
06-12 03:01 PM
I think the whole discussion can be summed up in the following manner: The CIR in its present form does more harm to us than good. If we can manage to get a favourable amendment attached then we are in good shape else we are in trouble.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
People might approach the issue in different ways:some might want to take a chance and work on it to get an admendment and some might not want to support it fearing an amendment wont be possible.
more...
house Gorillaz+demon+days+cover+
eb3retro
06-10 01:32 PM
Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?
what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.
what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.
tattoo Gorillaz - Demon Days Live
sk2006
05-26 11:39 PM
I am sure they will ask for passport if you only have the I-94. Now if I am required to carry my passport all the time that becomes a real pain particularly if we are on H1/L1 and present for quite a long time.
I 94 issued at POE must be attached to the passport all the times!
I 94 issued at POE must be attached to the passport all the times!
more...
pictures Gorillaz - Demon Days Live
pmb76
03-18 04:58 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
dresses Chord Gitar Gorillaz - Demon
bharol
07-28 01:16 PM
can the person who started the thread tell me how is this issue related to Green card backlog or any other immigration related issue?
:mad:
:mad:
more...
makeup Seasongorillaz demon days,
BECsufferer
02-13 06:52 PM
FYI .. This post is what I received in e-mail few days back.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
Dude;
This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!
So thank God this is happening and hope USCIS does good job this time.
girlfriend Gorillaz - Demon Days Double
logiclife
02-13 12:49 PM
It is an item on the organization's agenda.
Both for USCIS and BECs to show some transparency. More posts mean more attention, but the posts are made by 800 members and majority of them are stuck in Dallas and Philly BECs or waiting for 485 to be filed so that they can get portability benefit beyond 6th year.
That is much more important than speed of 485 processing. It is on the agenda of the org but the reason you dont see those posts is because its not a problem yet for the majority on this forum. That's just how it works. First things first. You dont find people on student visas worried about Labor backlogs coz they need to find H1 first. You dont find people stuck in labor worried about retrogression coz they need to get their labor approved first without which retrogression or no-retrogression makes no difference to them.
I agree with your idea and understand that USCIS handling of 485 is a serious issue, just trying to explain why you dont see too many posts here for that issue.
Both for USCIS and BECs to show some transparency. More posts mean more attention, but the posts are made by 800 members and majority of them are stuck in Dallas and Philly BECs or waiting for 485 to be filed so that they can get portability benefit beyond 6th year.
That is much more important than speed of 485 processing. It is on the agenda of the org but the reason you dont see those posts is because its not a problem yet for the majority on this forum. That's just how it works. First things first. You dont find people on student visas worried about Labor backlogs coz they need to find H1 first. You dont find people stuck in labor worried about retrogression coz they need to get their labor approved first without which retrogression or no-retrogression makes no difference to them.
I agree with your idea and understand that USCIS handling of 485 is a serious issue, just trying to explain why you dont see too many posts here for that issue.
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lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
mheggade
07-20 09:09 PM
You are right about the gov fiscal being Oct - Sep.
Even if the numbers you stated are for fiscal and not calendar years, there is still an error.
To illustrate my point, there are 2766 India-Approved PERM cases of FY2005 i.e. with PDs between 3/29/2005 and 9/30/2005 in the 2006 data sheets.
Therefore total PERM cases for Fiscal 2005 ~ > 4116
Unfortunately, the 2007 data sheets do not have the "Received Date" field - i'm guessing that is not entirely accidental on part of the DOL.
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
Even if the numbers you stated are for fiscal and not calendar years, there is still an error.
To illustrate my point, there are 2766 India-Approved PERM cases of FY2005 i.e. with PDs between 3/29/2005 and 9/30/2005 in the 2006 data sheets.
Therefore total PERM cases for Fiscal 2005 ~ > 4116
Unfortunately, the 2007 data sheets do not have the "Received Date" field - i'm guessing that is not entirely accidental on part of the DOL.
If you glance at the Job title column you would see there are unusually large number of certified case with title like "curry chef ,COOK, cashier, clerk, butcher, Automobile Mechanic". And Obviously they are not in EB2 Cat.
So the numbers will very less than your estimate.
mbawa2574
02-17 08:56 AM
I am sorry if I offended anyone. I don't recall how.
and by the way, my friend, you really really need a life :-) That's the last thing you'll hear from me on this subject.
peace out
Thanks again for supporting IV. Only point I was against was your support of racism of 40's. Anywaz I understand that you want to convey some other message but probably used the wrong link. Peace and Unity !!
and by the way, my friend, you really really need a life :-) That's the last thing you'll hear from me on this subject.
peace out
Thanks again for supporting IV. Only point I was against was your support of racism of 40's. Anywaz I understand that you want to convey some other message but probably used the wrong link. Peace and Unity !!
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