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meridiani.planum
03-07 05:32 PM
Until last year, it was important to announce a job change via AC21 to USCIS. This was because many sponsoring employers would revoke the 140 (even after 180 days) so that they could reuse the Labor for someone else.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
When that happened and there was no AC21 letter from the applicant, some IOs would deny the 485 even without a NOID. This would mean MTR and a lot of unnecessary work.
This problem no longer exists as Labot substitution has been removed. The employer has no incentive to revoke the 140 and so the chances of goofup from USCIS has been lowered.
Employer still has two incentives to revoke I-140:
* outstanding I-140s get counted in ability-to-pay issues of future I-140s. Better to clear out older ones.
* leaving an approved but unused I-140 is essentially leaving files open with USCIS as well as at your attorneys office. Expect the attorneys to revoke them (my own attorney of a big company asks the employer to close the files with USCIS by revoking the I-140). In addition to opened files, the attorneys get some fees atleast for doing this, so thats another motivation for them.
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tinku01
02-21 12:51 PM
As per my lawer this is not a right time to port your date to EB2 as at this moment nobody knows anything and there are very least chance for eb2 to move forward.:cool: as per her now eb2 is more crowded than EB3 that's why it became UNavailable. It's just a suggestion keep yourself with same EB3 or EB2 whatever you have otherwise I know one frined he ported his July2001 to EB2 and at this time EB3 is current for this date although eb2 unavailable
tikka
07-04 08:25 AM
That is a valid concern veerug brought up and it would be great if the IV core team can list how IV will complement AILF during this lawsuit.
I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.
Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.
Thanks for this portal for everyone to get organized on immigration issues.
Amar
for your efforts with the DIGG drive...
we need to continue.... where we left off
I understand that it may not be the right time since even now AILF is in the process of identifying a strategy and IV team may not have had time to detail this yet. But, it would help if there is a sticky with this info,probably in the same sticky that pappu posted, URGENT IV Message: Lawsuit and other update, so everyone can understand the motivation and the action items for this.
Regarding the media drive,I believe that we have a better chance of getting more attention if we can get information on the scandal info that USCIS might have gone the extra mile to revoke July bulletin availability dates.
Thanks for this portal for everyone to get organized on immigration issues.
Amar
for your efforts with the DIGG drive...
we need to continue.... where we left off
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hopefulgc
03-16 10:04 PM
awesome parallel... very clear thinking.
It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.
It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.
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varshadas
11-29 03:41 PM
My PD is Oct 2002 - EB3.
140 cleared.
I can be reached at varshadas@hotmail.com
We need to have a conference call between us and then go and meet whoever we have to.
We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.
140 cleared.
I can be reached at varshadas@hotmail.com
We need to have a conference call between us and then go and meet whoever we have to.
We have to be very clear on what we have to talk about and must bring the issues to light in a way that will have a lasting effect on the listener.
mordaut
02-14 07:02 PM
o wut fun! ive only made one other 3d model...i discovered blender about a week ago...so yea...i take the usually take the subway twice a day... so i know it pretty well...but its suprisingly hard to get an image of it in my head... i dont really *look* at the subway in that way when im riding it...i just...ride it...lol
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nojoke
01-22 02:16 PM
Its been 8 yrs, 2 recessions, 3 layoffs, marriage, baby, home, an expensive car, and lots of ego.
with all this going on for an year for now, I dont have time for GC any more.
Do you?
I still love my life whether depressed or surpressed - hahahahha!
Take it easy. Best of luck.
with all this going on for an year for now, I dont have time for GC any more.
Do you?
I still love my life whether depressed or surpressed - hahahahha!
Take it easy. Best of luck.
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hara_patta_for_rico
07-09 07:05 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
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sam2006
01-16 07:21 AM
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Ramba
02-21 01:21 PM
It is very difficult to predict how the cutoff date movement from april to september. All depends on how many EB3-ROW applications are ready for approval by March 8th, due to 2 years movement. After july fiasco, there are tons of fresh 485s got filed (may be 300K to 600K). There will be considerable EB3-ROW applicants to consume all the visas remaining in this year. As USCIS processing 485s based only on recived date (not by EB catagory not by PD wise and not by and countrywise), it is very diffcult to conclude that all the EB3-ROW 485s with PD before 2005 currently pending with USCIS, will be ready by March 8th to consume all the visas. If EB3-ROW consumption by march-8 is less than what DOS projecting, there may be a further movement. Depending upon DOS staergy, the remaining movement may be in EB3-ROW or EB2-In,CH. EB1-IN,EB2-IN, & EB3-In might have alrady consumed its quota. The only available numbers for Indians are spill over. So, depending upon DOS policy there will be a movement in EB3-ROW or EB2 In-CH. Other animal that affet this situation is, new policy of USCIS for very old name check cases (about 50,000). If the EB3-ROW has more name check victims, then movement for India will not be possible. So, its is very difficult to predict.
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desi3933
03-11 11:02 AM
The problem with this guy is he has got his GC and now he doesn't want anybody to have it. Basically he enjoys when people are having of pain. That's the reason he doesn't want any progress in PD's. Dude, if you don't like if people are talking about positve things such as "PD becomes Current" then my humble request to you is just stay-out of any converstations.
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
Hey Joker -
I joined IV 5 years after getting my GC. Please look at my 900+ posts and pull out one (just one) that justify your stupid thoughts.
If that's make you happy - PD will be current next month. Now start dreaming again.
-- desi3933
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
Hey Joker -
I joined IV 5 years after getting my GC. Please look at my 900+ posts and pull out one (just one) that justify your stupid thoughts.
If that's make you happy - PD will be current next month. Now start dreaming again.
-- desi3933
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syzygy
09-28 02:40 PM
What can be more racist and unfair than USA as of today when hundred thousands of people who already gave their youth energy to innovation are being made to live hell like lives? I am sure many of us will find medical repercussions of what we are going through in few more years and then we can frame GC or AP or EAD or H1B extension and stare at it from hospital beds :) Cornyn / Durbin is all BS, they just don't want people to settle here, they just want slaves. Rest all are hurdles and policies to close any possible open door for deserving.
It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
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javadeveloper
05-15 10:11 AM
jD, I dont think desi unversities went online yet..but if you are here, why dont you think of doing an American or European MBA? ;)
all the schools I mentioned above went online
Reasons for exploring
1.Cheaper(for SCDL fee is $1600 for 2 years)
2.They are reasonably recognized at least in India , As I have intentions to settle in india
3.Easy to get admission(at least in SCDL)
all the schools I mentioned above went online
Reasons for exploring
1.Cheaper(for SCDL fee is $1600 for 2 years)
2.They are reasonably recognized at least in India , As I have intentions to settle in india
3.Easy to get admission(at least in SCDL)
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ItIsNotFunny
10-16 10:36 AM
As per IV core we should be doing lobbing and lobbing needs money. We had tried few times and the latest High Five had not collected enough money that can be used for lobbying. How can we count on our members to do something big.
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
I would say lets make a small group who is really willing to be active, share personal contact information - no anonymous. Then discuss exactly what and how to do something. Leave junks and losers behind, paying attention on them is not going to help us.
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
I would say lets make a small group who is really willing to be active, share personal contact information - no anonymous. Then discuss exactly what and how to do something. Leave junks and losers behind, paying attention on them is not going to help us.
more...
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work4pd
04-03 10:11 PM
?? A new bill in senate to reform H1B ???
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
Here is another news link -
http://news.com.com/Senate+bill+gives+Americans+preference+for+tech+jo bs/2100-1014_3-6172981.html?tag=nefd.top
I was just watching LuDobb's show on CNN and saw a clip on a proposed bill (being prepared by Sen.Durbin and another whose name I forgot) to revamp/reform H1B program. From the brief discussion, got the impression that the bill is more concentrated on controlling the h1B program with more checks and rules etc. Obviously Dobbs liked it - not sure if there are any other measures in that bill. Also not sure why another bill if CIR/STRIVE act is in works which is supposed to cover all immigration issues. Anyone else saw any related news elsewhere?
Also saw this article (sorry if its already discussed somewhere):
http://www.infoworld.com/article/07/04/03/HNsenateh1bbill_1.html
Here is another news link -
http://news.com.com/Senate+bill+gives+Americans+preference+for+tech+jo bs/2100-1014_3-6172981.html?tag=nefd.top
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meridiani.planum
07-21 04:01 AM
Hello Gurus,
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.
IMO a simple case would be someone who:
- has never changed employers
- was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
- was never denied any application (change of status / entry to US)
- has clear medical records
- has clear documents related to birth certificate
Complicated cases are when:
- someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
- some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.
IMO a simple case would be someone who:
- has never changed employers
- was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
- was never denied any application (change of status / entry to US)
- has clear medical records
- has clear documents related to birth certificate
Complicated cases are when:
- someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
- some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.
more...
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Sachin_Stock
09-09 02:05 PM
The only hope, on a personal front, is to port to Eb2 or Eb1. It all depends on your company though. However, those who don't have any issues with their employer, and is contributing a lot, then go for porting. Thats the only hope.
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srkamath
07-13 12:27 PM
But where are we getting these numbers like say 20k visas are available for EB2..
DOS / USCIS in their congressional testimony in May, stated that they have used up ~ 65% of the 140k EB numbers by April - that left us with ~ 49 k unused then.
Shortly thereafter, the VB said all the allotable numbers for EB3 had been used up and that all EB1 spillover and EB2 ROW leftovers will go to EB2 retrogressed countries.
DOS / USCIS in their congressional testimony in May, stated that they have used up ~ 65% of the 140k EB numbers by April - that left us with ~ 49 k unused then.
Shortly thereafter, the VB said all the allotable numbers for EB3 had been used up and that all EB1 spillover and EB2 ROW leftovers will go to EB2 retrogressed countries.
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Refugee_New
07-28 01:09 PM
Good point!
As per our religion Parents are always Gods. And there is story of Lord Ganesha about when he was asked that who is your God? He said my parents.
This is where the problem starts chantu. For us in India, anything and everything is god. Indian movie actress's are our gods. We build temple to them. Amitabh is a god, Manisha is a god. These people take the gods avtars in our movies. But we all know how those people are. Most of them in that industry commit adultry.
Our Hindu party BJP uses these movie celebraties during election. We easily portray gods using those filthy people. So this is where problem starts. We have to clean our own backyard first.
As per our religion Parents are always Gods. And there is story of Lord Ganesha about when he was asked that who is your God? He said my parents.
This is where the problem starts chantu. For us in India, anything and everything is god. Indian movie actress's are our gods. We build temple to them. Amitabh is a god, Manisha is a god. These people take the gods avtars in our movies. But we all know how those people are. Most of them in that industry commit adultry.
Our Hindu party BJP uses these movie celebraties during election. We easily portray gods using those filthy people. So this is where problem starts. We have to clean our own backyard first.
varshadas
02-09 06:35 PM
Hello All,
Can you all please let me know where you all are wrt to contacting the Congressmen Rajeev and Shekhar, I haven't heard from you guys in a while.
Where are you?
Thanks,
Varsha
Can you all please let me know where you all are wrt to contacting the Congressmen Rajeev and Shekhar, I haven't heard from you guys in a while.
Where are you?
Thanks,
Varsha
optimystic
03-18 08:26 PM
I am not saying anything about free speech. I realize this is a forum that belongs to a private organization and has not obligations to provide a platform for free speech to anybody. That's why I said that if you do not want me here, I'll leave.
As to the details provided, these were not required details and I didn't agree to anyone to call me at home. I entered the phone, because the form was broken and gave me some errors. Btw, the registration form is still broken, because it has a section for Required Information, and Additional Information. In Additional Information (which I assume is optional), it is still asking whether I'm going to attend DC Rally in 2007. If you do not answer the question about the rally, it doesn't allow you to register.
I haven't filled out all of details, because as I said, I thought they were optional. If there was anything missing that you want me to fill in, you could've told me so rather than ban the handle.
Tawlibann Foggs your real name...?? I donno but it still sounds like you are trying to be a smart aleck....to me. Your ?real? name sounds a lot like 'Taliban Fox' ...! (Googling on "Tawlibann celtic" did not turn up any results at all. Not that google is the final authority on such things. I apologize if its really your name. Dont start giving me red dots !!)
If it is really your name why not just use a non-controlversial handle and not attract any unnecessary attention at all in the first place? I have seen all your posts ( 3 -4 I think) so far and found them to be genuine ....so if its just the handle , why not give in and change it, rather than asking for trouble
As to the details provided, these were not required details and I didn't agree to anyone to call me at home. I entered the phone, because the form was broken and gave me some errors. Btw, the registration form is still broken, because it has a section for Required Information, and Additional Information. In Additional Information (which I assume is optional), it is still asking whether I'm going to attend DC Rally in 2007. If you do not answer the question about the rally, it doesn't allow you to register.
I haven't filled out all of details, because as I said, I thought they were optional. If there was anything missing that you want me to fill in, you could've told me so rather than ban the handle.
Tawlibann Foggs your real name...?? I donno but it still sounds like you are trying to be a smart aleck....to me. Your ?real? name sounds a lot like 'Taliban Fox' ...! (Googling on "Tawlibann celtic" did not turn up any results at all. Not that google is the final authority on such things. I apologize if its really your name. Dont start giving me red dots !!)
If it is really your name why not just use a non-controlversial handle and not attract any unnecessary attention at all in the first place? I have seen all your posts ( 3 -4 I think) so far and found them to be genuine ....so if its just the handle , why not give in and change it, rather than asking for trouble
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