mirage
03-08 04:23 PM
You are in this society for 35 years, so I'm not sure what's your objective of being on this forum...Anyway about your observation on Visa spill over, what you are saying is 180 different tha what other lawyers are saying, they are saying until 2007 DOS was reading the law differently so India was getting the spillover Visas, now they have started reading it differently hence India is not getting more than 7% Visas now, it is very obvious, from EB-3 India being in Oct-2001 for last 2 years, and EB-2 haven't seen any substantial movement either....Also you seems to be straying from the original intent of the thread...Very well written. I can tell you through my observations of living in this society for 35 years:
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glus
08-26 12:33 PM
I am in exact same situation too. The notice date for EAD renewal is July 7th, 2008. I-485 pending at NSC and EAD applied at TSC. Still waiting. I am current as my PD is EB-2 India 9/2004.
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
eb3_nepa
05-04 04:28 PM
Guys
These discussions about what you and i think about whether Bs or Ms is more important is totally pointless. First off this bill has yet to be brought up for discussion. Secondly any bill bringing any relief is good at this point in time.
We are arguing and debating endlessly about a bill that may never even see daylight. I think the more important thing to do is, try and get this bill to be brought up for discussion.
Simple example. If there are 20 people in the queue ahead of u and a the shopkeeper opens another fresh queue, whether ur part of queue 1 or queue 2 ur still looking at a smaller queue. Who is to say which queue will be longer? Do we have any stats that say out of the 300,000 legals waiting how may have and have not an advanced degree. For all you know the queue with Just the bachelors may end up being shorter. I am sure a LOT of us just on IV have come here on F1 and then went on to get H1s.
Lastly i have a question about SKIL. When you say people with advanced degrees will not be counted against the quota, what EXACTLY does that mean? Does it mean that ppl with advanced degrees who have Not been able to apply for 485 can now apply regardless of PD? OR does it mean that the PD still applies but people who have applied will move quicker as they are not counted against the quota?
These discussions about what you and i think about whether Bs or Ms is more important is totally pointless. First off this bill has yet to be brought up for discussion. Secondly any bill bringing any relief is good at this point in time.
We are arguing and debating endlessly about a bill that may never even see daylight. I think the more important thing to do is, try and get this bill to be brought up for discussion.
Simple example. If there are 20 people in the queue ahead of u and a the shopkeeper opens another fresh queue, whether ur part of queue 1 or queue 2 ur still looking at a smaller queue. Who is to say which queue will be longer? Do we have any stats that say out of the 300,000 legals waiting how may have and have not an advanced degree. For all you know the queue with Just the bachelors may end up being shorter. I am sure a LOT of us just on IV have come here on F1 and then went on to get H1s.
Lastly i have a question about SKIL. When you say people with advanced degrees will not be counted against the quota, what EXACTLY does that mean? Does it mean that ppl with advanced degrees who have Not been able to apply for 485 can now apply regardless of PD? OR does it mean that the PD still applies but people who have applied will move quicker as they are not counted against the quota?
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smuggymba
11-17 06:38 PM
Done.
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simple1
05-01 01:32 AM
thanks akred for refering INA. I went through it now
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
In I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
is actually related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and not to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
beppenyc
06-21 04:18 PM
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Well, hearing is in august, that means that the CIR for this year is dead.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Well, hearing is in august, that means that the CIR for this year is dead.
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webm
04-30 01:09 PM
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
This was suspense every time..:(
Anyone has this info/links to share??
This was suspense every time..:(
Anyone has this info/links to share??
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luckylavs
10-04 11:22 AM
strange.. my appliaction was sent aug 6th and no news so far ... i am worried as i have travel plans to india..
anybody in the same boat ...
anybody in the same boat ...
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pointlesswait
09-10 02:37 PM
Instead of working on recapture..we must work on filing for 485 even if PD's are not current.. this way.. atleast in this recession ppl can be assured of some piece of mind.
visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.
allowing to file for 485 can be bought back as a temporary relief..we should work on that!
visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.
allowing to file for 485 can be bought back as a temporary relief..we should work on that!
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eb3retro
06-07 12:56 AM
the lawyer is taking his own sweet time to file it.
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desi3933
06-23 10:49 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
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pd052009
02-01 02:20 PM
Contributed $100.00/-
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map_boiler
09-16 10:17 AM
http://www.immigration-information.com/forums/showthread.php?t=5701
GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.
GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.
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GCStatus
09-16 10:16 PM
http://www.newsobserver.com/news/story/628939.html
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Jaime
06-26 05:10 PM
For your Information India's GDP is 3 trillion USD compare to Mexico 1 trillion USD. Taking into account GDP of EU India ranks 5th in GDP higher than any indivisual European nation where as Mexico ranks 13th. This is as per CIA worldfactbook. So where did you get the number
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
"Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
Hmmn did I forget you are an MBA from Mexico ?
(What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
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lskreddy
09-13 11:31 PM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
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Kushal
07-07 12:55 AM
I had sent an e-mail to the Chinese web site that posted this earlier. Didn't receive a response.
Thanks for posting, I will be there to represent IV.
Is the rally still on for tomorrow or is it postponded till next week?
Thanks for posting, I will be there to represent IV.
Is the rally still on for tomorrow or is it postponded till next week?
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gondalguru
08-06 11:18 PM
My Wife's & my AP expires on 11/16/2008 and she is coming back to the States from India on Sep 9th 2008, I'm assuming her I94 would be only issued till 11/16/2008. We are then planning to apply for EAD/AP renewal , that is, after Sep 9th 2008 and my question is what is she doesn't get her renewed AP approved before 11/16/2007 (which again I'm assuming would be the date on I94 valifity) and would that make her out of status? I hope this helps
Most likely her I-94 will be stamped for one year. As long as her I-485 is pending she will not be out of status.
Most likely her I-94 will be stamped for one year. As long as her I-485 is pending she will not be out of status.
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akhilmahajan
04-23 11:38 AM
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
pathmaker
11-21 09:23 AM
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
mhtanim
07-15 05:08 PM
Did you get your EAD/AP approval yet? I filed in 1st week of May, but nothing yet?
No I didn't get approval for either one yet. I have seen lots of people who filed after me and already got approval.
No I didn't get approval for either one yet. I have seen lots of people who filed after me and already got approval.
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