HV000
02-14 03:22 PM
Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
I was talking about ONE line. How can you say ROW folks have an equal chance when majority are Indians, Chinese, Filipinos, and Mexicans? ROW will NOT be able to compete with MAJORITY (Indians/Chinese/Filipinos/Mexicans) put together. Keep in mind ONLY 140,000 can clear the checkout per year.
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
Your statement - "Unlike NOW, where some people wait 5-8 years and others 1-2 years" is very simple to explain. People wait longer because they usually belong to OVERSUBSCRIBED countries.
Few ways to alleviate this situation is -
1. Increase the overall quota beyond 140,000
2. Increase the quota of oversubscribed countries slightly based on demand
3. Recapture unused numbers from previous years
What WILL NOT happen? - Removal of per country quota for EB Visas!!
I was talking about ONE line. How can you say ROW folks have an equal chance when majority are Indians, Chinese, Filipinos, and Mexicans? ROW will NOT be able to compete with MAJORITY (Indians/Chinese/Filipinos/Mexicans) put together. Keep in mind ONLY 140,000 can clear the checkout per year.
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
Your statement - "Unlike NOW, where some people wait 5-8 years and others 1-2 years" is very simple to explain. People wait longer because they usually belong to OVERSUBSCRIBED countries.
Few ways to alleviate this situation is -
1. Increase the overall quota beyond 140,000
2. Increase the quota of oversubscribed countries slightly based on demand
3. Recapture unused numbers from previous years
What WILL NOT happen? - Removal of per country quota for EB Visas!!
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Jaime
09-11 04:45 PM
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ashkam
07-24 11:17 AM
I'm not sure what the controversy is : The I-485 application instructions clearly say (http://www.uscis.gov/files/form/i-485instr.pdf) that for an employment-based (I-140 based) AOS application, you have to provide the employment offer letter as initial evidence.
"Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid."
"Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid."
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gc_on_demand
11-12 10:10 AM
We should do something like this ..
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
I hear Pelosi is asking for Lameduck session next week. Also heard somewhere that in order to start Lameduck session on any monday they need to send invitation to lawmakers by mid of week earliar than that monday. Haven't read so far that they will do lameduck for sure.
Pelosi is relying on Bush to give assurance that he will sign bailout for auto makers.
Anyway.. in any case if there will be session in Nov then we should see solid news 3-4 days before it. Once we get confirmed news about Lameduck session
(1) Senior members or Admins can contact Zoe's Office and find out if she is willing to push for HR 5882. If she says no and wait for some time then we can go to media awareness route and wait for some time.
(2) If she agrees I will make a list of all members of Judiciary committee whom we can start calling.
(3) Also we can have list of member of house and senate whom we can call.
(4) Meanwhile we will start a new funding drive along with call campaign. People will be motivated to donate if they see some movement. If we ask for money right now even 1 or 5 USD no one will donate it but once they see some movement people starts giving money.
(5) IV core team can ask support from competeamerica and other group.
(6) Other members who are in media industry can make awareness in media about our case with housing crisis.
more...
god_bless_you
12-13 07:40 AM
Whats the advice on this from core group?
can we start mass web faxing USCIS for rule change?
can we start mass web faxing USCIS for rule change?
willigetagc
08-26 09:01 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
more...
ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
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HV000
03-18 03:33 PM
Now with April VB out. Any chance of EB2 India moving further another 2 years to DEC 2005 Before October 2008?? Are there a lot of EB2 - INDIA applicants between DEC 03 - DEC 05??
more...
gemini23
09-26 09:57 AM
sent a email to the cnn editor.
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a_yaja
06-25 02:02 PM
Gurus,
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
A lot of information has been posted regarding items required for I-485 filing. However, I was not able to find one that was broken down form-wise. Hence, I came up with a list after going through the three forms individually. Please help me correct it by changing wrong info/ adding any ommisions on my part.
I-485 Check List
� Birth Certificate
� Copy of page with nonimmigrant visa
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Finger Printing (this is done after the I-485 is filed)
� Medical Exam Form (I-693)
� Form G-325A (this does not have a check list)
Evidence of Status
o Copy of I-94 showing admission to the United States
o Copy of approval of I129 extension (H1B extension notice) for primary
o Copy of approval of I539 (H4 extension)
� Employment Letter from Employer (original)
Evidence of eligibility
o Copy of I-140 approval (primary applicant)
o Copy of Marriage Certificate (derivative status)
� Filing Fee
I-131 Check List
� Govt. ID (driver�s lic. Or passport)
� AOS Receipt (not required for first time filing along with I-485 form)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Letter explaining why you require AP
� Filing Fee
I-765 Check List (submit in following order)
� Copy of I-94 (front and back)
� Copy of last EAD (for renewal only)
� Photos � 2 nos.
� Write A# or name with a pencil on the back of the photos
� Filing Fee
more...
walking_dude
11-17 08:37 PM
Here's mine - NRC2008065496
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samrat_bhargava_vihari
01-17 02:54 PM
Came to know about this and signed up for 20$.:)
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wait4ever
09-26 10:16 AM
Enough Said - correction required.
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BharatPremi
10-25 04:41 PM
Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
vomited us out between Jan 2007 to September 07.
more...
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chanduv23
09-11 04:28 PM
Yes - lot of people are making last minute plans - GO IV GO
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jfredr
06-12 10:26 AM
Kyl: CIR can be finished in a few days
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
more...
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retrohatao
02-15 05:00 PM
indi0617
Tried every thing:
1. Lawyer contacted USCIS. Waiting for security clearnace. USCIS does not expedite the issue
2. Contacted Congressman- nada
3. Contacted senetors - no help
4. E-mailed FBI- No reply
5. Faxed several letters- might have gone into trash bin
6. Sent snail mail. They have received it. Probably using the paper for various other uses.
That is the whole point to raise the issue in this forum, so that everyone in this forum aware of the problem.
You can not expedite it. You may sue, but never seen anyone doing that. It is such a hopeless ridiculous unresponsive process.
Mine is a very reputed industry. Does not matter who you are and whom you work for? They just do not care
Tried every thing:
1. Lawyer contacted USCIS. Waiting for security clearnace. USCIS does not expedite the issue
2. Contacted Congressman- nada
3. Contacted senetors - no help
4. E-mailed FBI- No reply
5. Faxed several letters- might have gone into trash bin
6. Sent snail mail. They have received it. Probably using the paper for various other uses.
That is the whole point to raise the issue in this forum, so that everyone in this forum aware of the problem.
You can not expedite it. You may sue, but never seen anyone doing that. It is such a hopeless ridiculous unresponsive process.
Mine is a very reputed industry. Does not matter who you are and whom you work for? They just do not care
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uma001
03-09 09:44 PM
HAHAAHA, Yu guys are still dreaming. No more egreen cards for H1Bs doesnt matter what stage you are in. You will get queries like 'when there are so many americans without jobs, why do you need immigrants?' can any company wants to respond to this query?
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
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abhijitp
07-23 08:07 PM
Employer is happy to give
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
sbabunle
01-01 10:36 AM
Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
There is no problem, but the only thing is that USCIS may not honor your original Priority Date.
cal_dood
07-05 03:01 PM
But I have been using murthy forums - which are free - for a long long time...even before IV came along....talking abt quality...same kinda ppl post there....dont see any diff....
I'm sure IV is doing a great job on something....but please do a little research before asserting that this is the only immigration forum in the world...
Dont mean to start a p***ing contest here.... those who want to and can pay shd pay....but thinking that ppl will pay for the forums is not really a solution.
Yeahaaaaaaaaa! Great!
20 USD per month + satisfaction of fighting for a cause
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< (very very less than)
15 min Murthy session for 225 USD
Beautifcukingful
I'm sure IV is doing a great job on something....but please do a little research before asserting that this is the only immigration forum in the world...
Dont mean to start a p***ing contest here.... those who want to and can pay shd pay....but thinking that ppl will pay for the forums is not really a solution.
Yeahaaaaaaaaa! Great!
20 USD per month + satisfaction of fighting for a cause
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< (very very less than)
15 min Murthy session for 225 USD
Beautifcukingful
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