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jonty_11
02-22 11:39 AM
c'mon guys...instead of just hoping lets participat ein IV campaigns...it makes no sense that EB2 wud move a lot...just think abt it...there are just too many of...now that everyone jumped from EB3 to EB2...it would have been wise to continue with ur EB3 application.
We need to get the a comprehensive fix to our problems..
Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.
Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....
Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.
We need to get the a comprehensive fix to our problems..
Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.
Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....
Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.
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abracadabra102
07-29 10:16 AM
A lot of people act as if their God / Gods need their protection. My friends think about that before getting upset about these issues. Do the Gods really need your protection? or is it just your ego thats being hurt? Would Ganesha (in this case) be hurt by being on the beer bottle? Does the picture infact resemble him? has anybody seen Ganesha? I mean, this is 21st century and we have to think rationally before becoming sentimental over these issues. So long as you get hurt over these there will be people to insult you. Believe me my friend no human can ever hurt / insult a God (if there is infact one). so why bother? Maintain your personal relationship with Ganesha in your prayer and let him deal with such insults in his way. The only reality you will ever know is your neighbuor. Live and let others live life to the fullest and dont let religion / religious idease dictate your attitude towards this world. next time you see the beer, buy it and drink it if you enjoy alcoholic beverages.
Great post.
Great post.
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styrum
01-18 04:05 PM
Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
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chanduv23
01-30 09:08 PM
Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
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Jaime
09-10 02:28 PM
You want to buy a house, but can't - You don't want that commitment in case you get laid off and put "out of status" and forced to immediately leave the United States or face deportantion (and yeah, you need to leave all your Social Security payments and patents behind)
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mpadapa
09-26 10:00 AM
Just wrote an email to the editor...Hopefully he learns and corrects the article..
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sanju_dba
09-09 01:50 PM
This is a big fantasy.
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
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immi_seeker
03-12 01:13 PM
Guys try to be matured in this bad situation. Bashing IV is not a solution. We can not afford to cut the bunch of tree where are sitting! Lets understood the hardcore reality.
1. Changing of law is not possible in near future.
2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.
Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.
If you are really frustrated come out and make the change. Bashing to the IV is not solution.
Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.
My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.
1. Changing of law is not possible in near future.
2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.
Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.
If you are really frustrated come out and make the change. Bashing to the IV is not solution.
Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.
My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.
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Jaime
09-10 01:36 PM
Your spouse gets an H1-B him/herself for a higher-paying job than yours, but the job is in another city - Your spouse cannot get the job, because you are not allowed to move. The only option is to split the family up or reject the job offer and supplemental income.
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suriajay12
03-30 07:47 AM
very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?
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qesehmk
02-11 07:31 PM
So, according to you, what happens when no action is taken for assigned visa number?
What matters is number of visas used. Have you looked at the numbers?
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
What matters is number of visas used. Have you looked at the numbers?
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
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nojoke
10-22 03:07 PM
I mean tax everyone equally. During this tough economy time, consider everyone and not the middle class or upper class or lower class.
Equally- That is tough to define. Equally as a percentage of their income/earnings? Rich don't even have 'income' to pay the income tax. They probably are paying 5 or10% of their earnings, while you and me pay 30+% of our income.
Equally- That is tough to define. Equally as a percentage of their income/earnings? Rich don't even have 'income' to pay the income tax. They probably are paying 5 or10% of their earnings, while you and me pay 30+% of our income.
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kumarc123
03-12 11:48 AM
I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.
Dude you have only 27 posts
You have no information listed
For all the reasons, you could be bull shitter over here,
before pointing fingers take a look in the mirror.
This guys a classic
Dude you have only 27 posts
You have no information listed
For all the reasons, you could be bull shitter over here,
before pointing fingers take a look in the mirror.
This guys a classic
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new_horizon
10-19 11:46 PM
I don't get it why our folks blindly follow the dems, and somehow think Obama is our savior when in fact it's contrary. Obama can talk so smoothly that you'll leave feeling that he's for you even if he was saying the opposite. Time to wake up and look at the facts. Go Mccain.
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conundrum
11-06 11:54 AM
Hi,
Can somebody paste the sample letter that needed to be sent because I cant open in office.
Thanks,
brawn.
FOIA Request for number of pending Employment based AOS/I-485 Applications
John Doe,
200 Main Street,
Chicago,IL,60001
National Records Center, FOIA/PA Office
U.S. Citizenship and Immigration Services
P. O. Box 648010
Lee�s Summit, MO 64064-8010
Dear FOIA officer,
Several Employment based categories have been retrogressed for 4 years now and the exact number of pending AOS applications sorted by priority dates in the employment-based category is unknown. Department of state has been establishing the cut off in priority dates based on educated guesses and approximations. DOS and none of the Employment based applicants know the number of applications pending per category, per country sorted by priority dates. DOS visa office expressed same concern in Oct 08 bulletin.
�Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined.�
This information would be helpful in determining the priority dates accurately and in determining when a visa number will be available for a given priority date in a certain category. I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether)
EB-2 China : Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now
EB-2 India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 China: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 Mexico: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 Phillippines: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 Rest of the world : Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now
Thanks,
John Doe.
Can somebody paste the sample letter that needed to be sent because I cant open in office.
Thanks,
brawn.
FOIA Request for number of pending Employment based AOS/I-485 Applications
John Doe,
200 Main Street,
Chicago,IL,60001
National Records Center, FOIA/PA Office
U.S. Citizenship and Immigration Services
P. O. Box 648010
Lee�s Summit, MO 64064-8010
Dear FOIA officer,
Several Employment based categories have been retrogressed for 4 years now and the exact number of pending AOS applications sorted by priority dates in the employment-based category is unknown. Department of state has been establishing the cut off in priority dates based on educated guesses and approximations. DOS and none of the Employment based applicants know the number of applications pending per category, per country sorted by priority dates. DOS visa office expressed same concern in Oct 08 bulletin.
�Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined.�
This information would be helpful in determining the priority dates accurately and in determining when a visa number will be available for a given priority date in a certain category. I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether)
EB-2 China : Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now
EB-2 India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 China: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 India: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 Mexico: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 Phillippines: Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now.
EB-3 Rest of the world : Number of employment based AOS applications pending with USCIS sorted by priority date on a yearly basis from year 2001 till now
Thanks,
John Doe.
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desi3933
02-03 07:15 AM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
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vagish
04-04 11:21 AM
I don't think this bill would be of any consequence to the goal of IV unless they can maybe attach some GC-relief provisions to it.
In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.
I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
as this one , do not underestimate the anti - immigration and unions clout
on democrats, if corporate america wants H1B increase it will come at a price,
more no free rides for corporate america as well.
that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.
thanks
In reality this bill will never ever make it to the full Senate floor. Corporate America will ensure that it dies the same kind of death as all the immigration related bills from last year.
I think it is true coporate america will not allow it to go through, but it is also true that any bill faverable to the H1B and or GC will also have the same death
as this one , do not underestimate the anti - immigration and unions clout
on democrats, if corporate america wants H1B increase it will come at a price,
more no free rides for corporate america as well.
that is the reason why we see stalemate for any kind of immigration bill, neither side is able to push anything.
thanks
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485Mbe4001
07-11 02:49 PM
Why didnt the EB2 ROW number trickle to ROW EB3 first?
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
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Legal_In_A_Limbo
03-14 05:51 PM
Thanks for sharing the info. Did you get any new attorney?
I self filed, as will be doing AC-21 in a month or so.
So wanted to make sure i revoke my company attorney.
Thanks
I self filed, as will be doing AC-21 in a month or so.
So wanted to make sure i revoke my company attorney.
Thanks
widad2020
01-16 04:37 PM
Good one man. I can see myself while reading your story.
ItIsNotFunny
10-15 04:58 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
Hi, just matter of curiosity. You have total 4 posts out of them 3 are in this thread and Joined recently. I must appreciate your knowledge about forum including core etc. Must be pretty smart guy (or gal I don't know).
Nice to see such a smart person.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
Hi, just matter of curiosity. You have total 4 posts out of them 3 are in this thread and Joined recently. I must appreciate your knowledge about forum including core etc. Must be pretty smart guy (or gal I don't know).
Nice to see such a smart person.
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