pkak
07-09 08:10 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...
They cannot issue more than 37.800 visas for april-may-june quarter (0.27*140,000).
37800+13000 is less than 60,000.
my 2 cents...
They cannot issue more than 37.800 visas for april-may-june quarter (0.27*140,000).
37800+13000 is less than 60,000.
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bobzibub
07-17 10:34 AM
NUMBERS USA TAX SERVICES!!!!!!
On an H1b? THEN PAY NO TAX!!!! WOOHOO!!!!!!!
All their "research" is suspect, this is just the most obvious. I did start building spreadsheets to regress employment/unemployment numbers with each immigration law they cite. There was no significant correlation. I should really do that again and post it somewhere.... Gotta get some better regression software though. Work like this will point out that the king has no clothes.
I'm ashamed to be a member of numbersUSA!!! :D
Cheers,
-b
On an H1b? THEN PAY NO TAX!!!! WOOHOO!!!!!!!
All their "research" is suspect, this is just the most obvious. I did start building spreadsheets to regress employment/unemployment numbers with each immigration law they cite. There was no significant correlation. I should really do that again and post it somewhere.... Gotta get some better regression software though. Work like this will point out that the king has no clothes.
I'm ashamed to be a member of numbersUSA!!! :D
Cheers,
-b
amitjoey
07-05 12:50 PM
Fellow IV fighters, members. I know, it seems like there is always a target for funds and we dont achieve it. Well! that is not true, we set a new target when the first one is achieved.
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.
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rajuseattle
07-15 11:10 AM
Ajthakur,
Please be truthful to the IV members.
You should have stayed back with this blood sucker or whatever name you want to say at least until 6 months after filing I-485. Whole IT world knows that AC-21 is safe after 180 days, even if the greedy employer revoke I-140, you were eligible for AC-21 portability.
Anyways now that you know the I-140 was revoked, find out when did he do that and if he has done that 180 days after your filing your I-485, you can still win your case by hiring a good attorney who can demonstarte to USCIS that your employment circumstances forced you to resign from the blood sucker and your adjustment application should be looked at as AC-21 portability.
You still consider you r the smart guy and can handle this RFE very well, then I can only wish you a good luck.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
Please be truthful to the IV members.
You should have stayed back with this blood sucker or whatever name you want to say at least until 6 months after filing I-485. Whole IT world knows that AC-21 is safe after 180 days, even if the greedy employer revoke I-140, you were eligible for AC-21 portability.
Anyways now that you know the I-140 was revoked, find out when did he do that and if he has done that 180 days after your filing your I-485, you can still win your case by hiring a good attorney who can demonstarte to USCIS that your employment circumstances forced you to resign from the blood sucker and your adjustment application should be looked at as AC-21 portability.
You still consider you r the smart guy and can handle this RFE very well, then I can only wish you a good luck.
If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.
more...
snathan
04-06 08:52 PM
I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?
You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?
crazyghoda
01-30 02:42 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status? From what I understood it is ok to not be working while on AOS having entered on AP.
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status? From what I understood it is ok to not be working while on AOS having entered on AP.
It is my fault. I should have explained it better.
The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.
Hope that helps.
____________________
Not a legal advice.
US Citizen of Indian Origin
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PBECVictim
06-12 10:00 AM
White House spokesman Tony Snow said on �American Morning� he expects Republicans to band together to add amendments to the bill, and it could be voted on by the end of Tuesday � after senators take up the energy bill.
http://politicalticker.blogs.cnn.com/
http://politicalticker.blogs.cnn.com/
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harish
04-29 09:44 AM
I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.
Good luck to everyone else!
Many congratulations to you!
Good luck to everyone else!
Many congratulations to you!
more...
Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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vkrishn
07-13 09:05 PM
I called at 5PM PST after looking at USCIS website and had to enter "3" (Which basically says you have a problem with your case) after i enter my receipt number to talk to a rep. Spoke to a Rep and filed a SR. They have given me Aug 12th as the "target date" by which i should get a response. I am ok with an interview as my case is pretty clean and don't see a reason to be denied. As long as i know that the case is being processed i am ok.
Thanks anyway wait_for_ever_gc.
To the person who asked me whether i work at Cisco? : No i don't..
Thanks anyway wait_for_ever_gc.
To the person who asked me whether i work at Cisco? : No i don't..
more...
punjabi
07-13 09:53 AM
Congratulations!!
I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.
Good Luck, my friend!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
I suggest you do it right away. I mean, keep papers and application ready. And Fedex it on 31st July evening.
Good Luck, my friend!
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
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rimagupta
07-05 03:26 AM
Not sure if our assumption of "only 100k already applied" is correct. In 2005, there were approximately 250,000 EB green cards granted - the numbers are close to 147,000 for both 2006 and 2007. I'm not exactly sure, but there were at least 200,000 more EB approvals from 2002-2004.
There were 200,000 EB1 cases approximately from 2001-7 (In 2005, EB1 approvals were close to 40k out of a total of 250k GCs). If only 100k LCs/PERMs from 2001-7 were able to apply for 485 then it means 400k (250+147+147+200 - 200-150) applications that were adjudicated from 2002-2007 were from 2000 or prior to 2000 cases. Could this be true?
In addition, many 2001+applications are still stuck at namecheck.
Besides, all EB2 ROW cases filed under PERM were able to file for 485. These alone may contribute to at least 70k PERMS.
Source:
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
others: various law firm sites, including
www.ilw.com
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument
------------------------------------------------------------------------
Estimated new 485 filings. : 700K is conservative. May be wrong too.
LC s certified from BEC: about 200K (from 2001 to 2005 filings)
PERM Certifed labor: About 200K (from Mar 2005 to June 2007)
Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.
The dependents for 300k will be 450K (1.5 times primary)
So total AOS applicants will be 750K just based on LC. Excluding EB1.
-----------------------------------------------------------------------
There were 200,000 EB1 cases approximately from 2001-7 (In 2005, EB1 approvals were close to 40k out of a total of 250k GCs). If only 100k LCs/PERMs from 2001-7 were able to apply for 485 then it means 400k (250+147+147+200 - 200-150) applications that were adjudicated from 2002-2007 were from 2000 or prior to 2000 cases. Could this be true?
In addition, many 2001+applications are still stuck at namecheck.
Besides, all EB2 ROW cases filed under PERM were able to file for 485. These alone may contribute to at least 70k PERMS.
Source:
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
others: various law firm sites, including
www.ilw.com
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument
------------------------------------------------------------------------
Estimated new 485 filings. : 700K is conservative. May be wrong too.
LC s certified from BEC: about 200K (from 2001 to 2005 filings)
PERM Certifed labor: About 200K (from Mar 2005 to June 2007)
Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.
The dependents for 300k will be 450K (1.5 times primary)
So total AOS applicants will be 750K just based on LC. Excluding EB1.
-----------------------------------------------------------------------
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map_boiler
07-18 08:43 AM
Our packet was delivered to NSC on July 2nd at 7:55 am...
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chanduv23
03-07 06:23 AM
From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.
It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.
A good way of invoking AC21 is
(1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
(2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.
A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.
It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.
A good way of invoking AC21 is
(1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
(2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.
A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.
more...
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kbsyed61
06-06 04:47 PM
A friend of mine (from India) got his GC approval notice on 6/3. Here are the details:
LC PD - April 12 2003.
I-485 RD - June, 07, ND - July 16th 2007.
Filing Center - NSC
Received RFE 5/14/08.
Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
6/03 received email about card production ordered.
Congrats to all those lucky souls.
LC PD - April 12 2003.
I-485 RD - June, 07, ND - July 16th 2007.
Filing Center - NSC
Received RFE 5/14/08.
Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
6/03 received email about card production ordered.
Congrats to all those lucky souls.
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masouds
02-15 05:09 PM
US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
more...
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andy garcia
09-10 11:48 AM
We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
chanduv23
THIS IS THE TIME - SET YOURSELVES FREE - MARCH TO WASHINGTON
Are you guys in jail or something?
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prakgc
07-24 07:26 PM
Folks,
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
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RNGC
02-24 10:49 AM
Thanks. Sent you a PM.
Guest007
12-12 12:48 PM
Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.
nomi
12-13 11:03 AM
I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
but What is the stand of Core group on this?
No update from any one!!
Please Core Team ,
Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.
Please throw some light in this regard.
thx.
nomi
but What is the stand of Core group on this?
No update from any one!!
Please Core Team ,
Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.
Please throw some light in this regard.
thx.
nomi
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