485_spouse
03-17 02:31 PM
Senator Frist bill is better as it has no so called 'Guest worker' clause.
Just wrote an email to Senator Frist for removal of country limit.
I hope with this bill I'll get my GC by next year.:)
Just wrote an email to Senator Frist for removal of country limit.
I hope with this bill I'll get my GC by next year.:)
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snathan
07-22 12:43 PM
There is no such thing in the Indian Constitution as the "national language." You can either read the document yourself or you can refer to the recent (late June 2010) judgment by the Gujarat High Court to this effect.
There should be respect for all Indian languages. The more Indian languages you know, the more familiar you will become with India and Indian culture. Those who do not know Hindi need not rule it out from the list of other Indian languages they could learn. And the same can be said for any of Assamese, Marathi, Gujarati, Telugu, etc.
Exactly...I was getting irriated when people are forcing and telling that I should learn hindi. isnt my personal choice...?
There should be respect for all Indian languages. The more Indian languages you know, the more familiar you will become with India and Indian culture. Those who do not know Hindi need not rule it out from the list of other Indian languages they could learn. And the same can be said for any of Assamese, Marathi, Gujarati, Telugu, etc.
Exactly...I was getting irriated when people are forcing and telling that I should learn hindi. isnt my personal choice...?
nixstor
03-20 11:10 PM
Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
But it also doesn't say the opposite.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
Snips from Nov 05 Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
>> As per my understanding, When there are no per country limits, It can be assigned to any one with oldest PD. Not that it is working like that with USCIS. As I said, before in my previous post, we can imagine these visa numbers tagged with the category name beside them. <<
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
>> Just to let you know before you think I am biased towards one thing or the other, I haven't looked at the text of the INA until a week before and for the past 2 years I have heard the same story that country limits trump category. I have spoken with an attorney and he expressed above similar opinion where we might not have noticed how numbers were overflowing and NOT overflowing to demand or lack of demand. Either way, This is not a panacea for the problem at hand as there is no clarity what so ever in either procedures. <<
I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.
But it also doesn't say the opposite.
It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.
Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.
Snips from Nov 05 Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html)
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
>> As per my understanding, When there are no per country limits, It can be assigned to any one with oldest PD. Not that it is working like that with USCIS. As I said, before in my previous post, we can imagine these visa numbers tagged with the category name beside them. <<
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
>> Just to let you know before you think I am biased towards one thing or the other, I haven't looked at the text of the INA until a week before and for the past 2 years I have heard the same story that country limits trump category. I have spoken with an attorney and he expressed above similar opinion where we might not have noticed how numbers were overflowing and NOT overflowing to demand or lack of demand. Either way, This is not a panacea for the problem at hand as there is no clarity what so ever in either procedures. <<
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abhijitp
02-08 06:25 PM
My new target is 200. It was 100 before the deadline was extended.
58 collected so far (excluding the 24 letters at Fremont train station)
Besides, I prepare & mail about 20 envelopes a day to WH=> these envelopes contain letters coming in from several folks in CA.
This weekend, NORCAL will do not 1 but 3 drives:
Sunnyvale temple
Grocery stores @ Sunnyvale
Grocery stores @ Fremont
For more details, check out the latest messages on NORCAL yahoogroup!
58 collected so far (excluding the 24 letters at Fremont train station)
Besides, I prepare & mail about 20 envelopes a day to WH=> these envelopes contain letters coming in from several folks in CA.
This weekend, NORCAL will do not 1 but 3 drives:
Sunnyvale temple
Grocery stores @ Sunnyvale
Grocery stores @ Fremont
For more details, check out the latest messages on NORCAL yahoogroup!
more...
paskal
07-14 10:28 AM
this is sheer speculation.
the actual number is likley to be much much smaller based on the few signals we get from our sources. the visa bulletin is issued by DOS NOT USCIS. DOS as we know (remember July 07?) is trying it's best to get USCIS to use EVERY available GC for the year. that is the most important reason for giving them scuh an extended date for RB2 I/C. it appears that they have concluded that udsing the numbers is more important than FIFO.
whether the overflow goes to EB3 ROW or to EB2 I/C, the fact is EB3 I is going to be the last receipient. i hopw everyone undrestands this. the change in interpretation bu USCIS has not changed the ground facts for EB3 I. ONLY one thing will change those facts- MORE GC NUMBERS, whther by recapture or exemptions or CIR.
the actual number is likley to be much much smaller based on the few signals we get from our sources. the visa bulletin is issued by DOS NOT USCIS. DOS as we know (remember July 07?) is trying it's best to get USCIS to use EVERY available GC for the year. that is the most important reason for giving them scuh an extended date for RB2 I/C. it appears that they have concluded that udsing the numbers is more important than FIFO.
whether the overflow goes to EB3 ROW or to EB2 I/C, the fact is EB3 I is going to be the last receipient. i hopw everyone undrestands this. the change in interpretation bu USCIS has not changed the ground facts for EB3 I. ONLY one thing will change those facts- MORE GC NUMBERS, whther by recapture or exemptions or CIR.
rajsenthil
10-20 03:27 PM
I was in Indian consulate for renewing the passport. I went there on time and there was a pathetic guy at the entrance who refuse to speak other than hindi. Though I told him that I do not understand hindi, he never listen to that and started his conversation with hindi.
Then comes the worst part. A cab driver went to him and handed over some dollar note and got the token. Then the driver handed over the token to the passenger and left. That guy got into the line well before me and got his work done. @#$K those people.
Then comes the worst part. A cab driver went to him and handed over some dollar note and got the token. Then the driver handed over the token to the passenger and left. That guy got into the line well before me and got his work done. @#$K those people.
more...
deepakd
06-30 08:43 PM
Guys,
Wanted to started this thread to get reviews on different law firms
I can understand the quality and committment of lawyers can make a huge difference especially in this unprecendented situation where all EB categories are made current now and now there is a rumour that it would be retrogressed back probably sometime next week with a new visa bulletin.
A lot of lawyers who are really committed and sincere to their client's clause: Getting them Green Card, are working overnight and over the weekend also so that their client can file I-485 ASAP and on the other hand few law firms are acting as slackers and not even responding to their client's emails.
Anyway, I am interested in knowing everyone's experience ( good or bad ) with law-firms and their recommendation.
My Own Case:-> I work for a multibillion dollar telecom company and joined this company almost 15 mos ago with a promise that they would start my GC immediately. Till Now, they have not yet file my labor. Their lawfirm is Larrabee http://www.larrabee.com/ in sanDiego. I don't have much experience with them as my application is still in my company's internal queue but based on the basis of my little experience, I would certainly not recommend them
Thanks
DD
A Good immigration lawyer is the one that also supports this community & our struggle
If you have a good experience with your lawyer and are recommending the law firm, pls also try to talk to your lawyer about IV. Ask the law firm if they want to contribute/ or even publicize IV to their clients. If they agree to do it, please post here. If they refuse, pls post here.
So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV. If they have posted IV information/banner ad on their website, post the website URL here.
This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.
Wanted to started this thread to get reviews on different law firms
I can understand the quality and committment of lawyers can make a huge difference especially in this unprecendented situation where all EB categories are made current now and now there is a rumour that it would be retrogressed back probably sometime next week with a new visa bulletin.
A lot of lawyers who are really committed and sincere to their client's clause: Getting them Green Card, are working overnight and over the weekend also so that their client can file I-485 ASAP and on the other hand few law firms are acting as slackers and not even responding to their client's emails.
Anyway, I am interested in knowing everyone's experience ( good or bad ) with law-firms and their recommendation.
My Own Case:-> I work for a multibillion dollar telecom company and joined this company almost 15 mos ago with a promise that they would start my GC immediately. Till Now, they have not yet file my labor. Their lawfirm is Larrabee http://www.larrabee.com/ in sanDiego. I don't have much experience with them as my application is still in my company's internal queue but based on the basis of my little experience, I would certainly not recommend them
Thanks
DD
A Good immigration lawyer is the one that also supports this community & our struggle
If you have a good experience with your lawyer and are recommending the law firm, pls also try to talk to your lawyer about IV. Ask the law firm if they want to contribute/ or even publicize IV to their clients. If they agree to do it, please post here. If they refuse, pls post here.
So when you write about how good your lawyer is, pls also mention if the lawyer supports IV and the help that has been extended to IV. If they have posted IV information/banner ad on their website, post the website URL here.
This will help maintain a list of lawyers who are recommended by members and at the same time, help IV.
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axp817
12-09 09:33 PM
I recently switched employers using AC21 and am using my EAD to work for the new employer.
I used to be on the H-1B visa when I was working for the old employer, they had applied for renewal just before I left, and it got approved right around that time. Now that I don't work for them anymore, they are having the H-1B revoked. Of course, they were kind/professional enough to intimate me of this before doing so.
I am wondering if this could have any adverse effect on my 485, or if it could provoke an RFE? Any thoughts/stories would be appreciated.
Thanks,
I used to be on the H-1B visa when I was working for the old employer, they had applied for renewal just before I left, and it got approved right around that time. Now that I don't work for them anymore, they are having the H-1B revoked. Of course, they were kind/professional enough to intimate me of this before doing so.
I am wondering if this could have any adverse effect on my 485, or if it could provoke an RFE? Any thoughts/stories would be appreciated.
Thanks,
more...
chanduv23
03-06 10:15 AM
I received the same response yesterday.
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iol_joh
11-15 06:45 PM
Ok. Visa bulletin for December gets published. We are all shocked or surprised by the cut off dates. So, we decide to bash USCIS, run all possible permutations on visa numbers (how many different ways are we going to continue analyzing 140,000 visas), some have even proposed fasting and there are some who are threatening to move to Canada or India (I am not sure who is stopping them).
Let us analyze all the proposed solutions and see if they will really get us anywhere:
1. Bash USCIS: I am not sure if anyone at USCIS or the administration would care. You can stand at the top of Washington Monument and scream and not a single soul will care.
2. Analysis/Paralysis of available visa numbers and the possible movements: USCIS, the department that has access to all the required data is struggling to forecast visa availability, but, I see my friends here with very limited access to data trying to forecast Visa movement. I can bet, even with all the smart PHD�s here that we will not be able to forecast visa availability even, if we built the most complex model and continue to have limited access to data. So, this is just an exercise in futility.
3. Fasting in front of Governor�s office: Great idea! We can work off all the excess weight that we may have put on that we have gained due to over eating (one of the symptoms of stress or depression). I think we are choosing the wrong time of the year to do this. It is cold outside and I am not sure if anyone would even stop by the poor souls to pour us a hot cup of coffee. However, we may gain some publicity. Better than idea 1 and 2.
4. Moving to Canada or India: Please do and USCIS will be glad that they have one less case file to deal with and Numbers USA or Lou Dobbs will pay for the ticket.
Unless we stop these frivolous discussions over pathetic suggestions to fix the problem we will continue ignoring real solutions.
We need to think and execute with a sound long term strategy (12-18 months). Let us not try to eat the elephant in one bite. Let us fix this problem with small, manageable and doable steps.
I hope I do not offend anyone. I think it is time to be serious about the road we take from here.
Let us analyze all the proposed solutions and see if they will really get us anywhere:
1. Bash USCIS: I am not sure if anyone at USCIS or the administration would care. You can stand at the top of Washington Monument and scream and not a single soul will care.
2. Analysis/Paralysis of available visa numbers and the possible movements: USCIS, the department that has access to all the required data is struggling to forecast visa availability, but, I see my friends here with very limited access to data trying to forecast Visa movement. I can bet, even with all the smart PHD�s here that we will not be able to forecast visa availability even, if we built the most complex model and continue to have limited access to data. So, this is just an exercise in futility.
3. Fasting in front of Governor�s office: Great idea! We can work off all the excess weight that we may have put on that we have gained due to over eating (one of the symptoms of stress or depression). I think we are choosing the wrong time of the year to do this. It is cold outside and I am not sure if anyone would even stop by the poor souls to pour us a hot cup of coffee. However, we may gain some publicity. Better than idea 1 and 2.
4. Moving to Canada or India: Please do and USCIS will be glad that they have one less case file to deal with and Numbers USA or Lou Dobbs will pay for the ticket.
Unless we stop these frivolous discussions over pathetic suggestions to fix the problem we will continue ignoring real solutions.
We need to think and execute with a sound long term strategy (12-18 months). Let us not try to eat the elephant in one bite. Let us fix this problem with small, manageable and doable steps.
I hope I do not offend anyone. I think it is time to be serious about the road we take from here.
more...
mk26
05-19 05:13 PM
Below is the response I receieved from senetor, not sure if my email was read becuase I don't see any word about legal immigratnts in the response,
-------------------------------------------------------------------------------------
Thank you for taking the time to share your views regarding immigration. I would like to take the opportunity to respond to this important issue.
There are currently over 38 million foreign-born individuals living in the United States, which accounts for nearly 13 percent of the total U.S. population. Nearly one-third of this foreign-born population is estimated to consist of undocumented or illegal residents; a clear indication that our immigration system is broken. While a number of bills have been introduced concerning various elements of immigration reform, the issue has yet to come before the full Senate. I am currently evaluating a number of policy options, and will remain mindful of your thoughts on this subject as we proceed in the 111th Congress.
Again, thank you for taking the time to share your concerns with me regarding this issue. It is an honor and privilege to serve the people of the great State of Florida in the United States Senate. I take great pride in being a native Floridian, and I look forward to the tremendous opportunity to better the lives of all Floridians. I assure you I will work hard to represent our state to the best of my ability in the U.S. Senate. If I can be of any further help to you, please do not hesitate to contact me.
-------------------------------------------------------------------------------------
Thank you for taking the time to share your views regarding immigration. I would like to take the opportunity to respond to this important issue.
There are currently over 38 million foreign-born individuals living in the United States, which accounts for nearly 13 percent of the total U.S. population. Nearly one-third of this foreign-born population is estimated to consist of undocumented or illegal residents; a clear indication that our immigration system is broken. While a number of bills have been introduced concerning various elements of immigration reform, the issue has yet to come before the full Senate. I am currently evaluating a number of policy options, and will remain mindful of your thoughts on this subject as we proceed in the 111th Congress.
Again, thank you for taking the time to share your concerns with me regarding this issue. It is an honor and privilege to serve the people of the great State of Florida in the United States Senate. I take great pride in being a native Floridian, and I look forward to the tremendous opportunity to better the lives of all Floridians. I assure you I will work hard to represent our state to the best of my ability in the U.S. Senate. If I can be of any further help to you, please do not hesitate to contact me.
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krishna
03-05 12:47 AM
If you guys read the letter a bit carefully, it says they do not have information about the country of chargeability and they cannot share it with us. For $5K all we can get is a breakdown of how many apps are there in each category and then it will be a guessing game of how many are pending for applicants from India/China/ROW etc. Just something to keep in mind.
more...
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arnet
06-13 08:42 PM
This is old posting, but might be helpful for I-485 filers. so check this and verify with your attroney and with USCIS before filing I-485.
http://immigrationvoice.org/forum/showthread.php?p=41512#post41512
http://immigrationvoice.org/forum/showthread.php?p=41512#post41512
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needhelp!
02-11 01:20 PM
CAN YOU HELP YOUR STATE DO BETTER THAN THIS:
CA - 675
TX - 343
Tristate - 133
FL - 102
KY - 55
MD/DC/VA - 37
MO - 26
PA - 25
MI - 18
GA - 16
LA - 15
RI - 14
IL - 14
MA - 9
MN - 8
WA - 7
NC - 6
OH - 4
WI - 3
NH - 3
CO - 3
KS - 2
NV - 2
OR - 1
NM - 1
NE - 1
MS - 1
AZ - 1
CA - 675
TX - 343
Tristate - 133
FL - 102
KY - 55
MD/DC/VA - 37
MO - 26
PA - 25
MI - 18
GA - 16
LA - 15
RI - 14
IL - 14
MA - 9
MN - 8
WA - 7
NC - 6
OH - 4
WI - 3
NH - 3
CO - 3
KS - 2
NV - 2
OR - 1
NM - 1
NE - 1
MS - 1
AZ - 1
more...
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ramaonline
07-09 05:38 PM
This is in response to the poster indicating that H1B cap includes h4 time. This was changed in the 2005 interim AC21 memo which decouples h1b and h4 visa status durations. H1 Time does not include time spent on H4. Anyone on h4 can always get a new h1b term for 6 years.
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manishs7
06-08 06:32 PM
We should try something like applying for 485 without priority date but even the cantwell cornyn amendment does not have this provision
We should lobby for only this thing at this time ..
This will resolve most of our problems...
This is not about adding new numbers and should not be opposed.
We should lobby for only this thing at this time ..
This will resolve most of our problems...
This is not about adding new numbers and should not be opposed.
more...
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hazishak
09-17 06:56 PM
So if what you are saying is true, then form example, country "A" has only one applicant. Since ROW collectively used all the visa,country "A" has to wait 6/7 years to get visa number?
They do have per country limits. But the none of those countries have used up the 7% allocated for those individual states before the the total number of visas ran out. In other words none of those countries had applicants to consume the full 7% but collectively used up the the total number of visas.
But in the case of the countries like India, china etc they have actually used up the total 7% of the visas per country.
They do have per country limits. But the none of those countries have used up the 7% allocated for those individual states before the the total number of visas ran out. In other words none of those countries had applicants to consume the full 7% but collectively used up the the total number of visas.
But in the case of the countries like India, china etc they have actually used up the total 7% of the visas per country.
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sudmoni
02-13 03:34 PM
pmpforgc
I am a physician and have not heard doctors are included in Sch A category. I wish u were correct but unfortunately u are not.
I am a physician and have not heard doctors are included in Sch A category. I wish u were correct but unfortunately u are not.
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GCwaitforever
02-22 03:53 PM
Thanks. I do have my EAD. Just fearful that since I wont be at the 6 month period, I wont get to portability.
Does US immigration check up on this stuff? If so, how? I'm thinking that the Texas processing center (where my info is being processed) is too busy working on my papers (and other folks' papers) rather than inquiring about everyone's employment status. Is this wishful thinking?
It does not matter. According to the law, you can invoke AC21 after six months of I-485. Also GC is for future employment. So if the company does not withdraw I-140 petition, you can always go back to them when the GC is approved finally.
Make sure your employer does not withdraw I-140. Ask your attorney to send you the approved I-140 petition. And switch jobs after six months of I-485 and notify USCIS of the job change. You should be set. Thank AC21 for that.
Also you should prepare for the eventuality that I-140 gets an RFE. I do not know what your recourse would be then. Better to consult an immigration attorney. May be you can start second PERM, I-140 with your new employer. Good luck.
Does US immigration check up on this stuff? If so, how? I'm thinking that the Texas processing center (where my info is being processed) is too busy working on my papers (and other folks' papers) rather than inquiring about everyone's employment status. Is this wishful thinking?
It does not matter. According to the law, you can invoke AC21 after six months of I-485. Also GC is for future employment. So if the company does not withdraw I-140 petition, you can always go back to them when the GC is approved finally.
Make sure your employer does not withdraw I-140. Ask your attorney to send you the approved I-140 petition. And switch jobs after six months of I-485 and notify USCIS of the job change. You should be set. Thank AC21 for that.
Also you should prepare for the eventuality that I-140 gets an RFE. I do not know what your recourse would be then. Better to consult an immigration attorney. May be you can start second PERM, I-140 with your new employer. Good luck.
needhelp!
02-10 07:19 PM
Could have got more.. but guess what.. one person from this group of friends had already got everyone else's signature and has mailed out 20 letters for me yesterday!! She is a citizen, and I'm so proud to know someone like her.
GC08
06-02 05:07 PM
This sounds unfair. Because of the backlogs, you have waited 6 years. Now you got laid off and you lost everything. Would that be the situation if there was no backlog and you were able to get your green card within, say 2 or 4 years?
I think those government agencies should take responsibilities and compensate for your loss.
Anyone thought about that?
:mad:
I think those government agencies should take responsibilities and compensate for your loss.
Anyone thought about that?
:mad:
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