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brick2006
11-11 03:06 AM
he cant act on immigration when the economy is down and ppl are losing their jobs..so we are in a sinking boat...
better to wait and watch!!!
better to wait and watch!!!
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Dhundhun
07-13 02:18 AM
the date is July 8th 2008 and NOT 2007 as you mentioned. July 8th 2008 is when USCIS submitted the list to the State Department regarding the demand for visa numbers. please do not confuse this with July visa bulletin developments of last year.
Thanks immique. I am correcting it.
Thanks immique. I am correcting it.
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langagadu
03-09 10:16 PM
I should say you are smoking crack. Do you think we are in some govt.jobs , automatic promotion, come to reality.
Check my threads on Citizenship. Ask for citizenship directly if you are living here for more than a decade...
Check my threads on Citizenship. Ask for citizenship directly if you are living here for more than a decade...
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amitps
09-26 11:27 AM
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
IV Leaders and Core are working on it...but feel free to call her / email her.
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
IV Leaders and Core are working on it...but feel free to call her / email her.
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TeddyKoochu
09-10 02:01 PM
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
Agreed that the I140 data may not be exact due to system limitations but approximation can still work, they take up more people, EB2 ROW was current the whole of last year, FB2 is at Apr 2010. Even I140 statistics are shown on the volumes chart so I believe that the approximate numbers per country can be very easily derived or they can test the waters in small steps if they like. Since there is no guideline on this the agencies are legal in using judicious discretion.
Agreed that the I140 data may not be exact due to system limitations but approximation can still work, they take up more people, EB2 ROW was current the whole of last year, FB2 is at Apr 2010. Even I140 statistics are shown on the volumes chart so I believe that the approximate numbers per country can be very easily derived or they can test the waters in small steps if they like. Since there is no guideline on this the agencies are legal in using judicious discretion.
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lazycis
12-22 08:59 AM
I may be wrong, but it seems that attorney screwed up. You should've filed I-485 based on a future employment offer from company A (I-140 petitioning employer).
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andy garcia
09-28 08:21 AM
Which European countries are they from? Their opinion can be relevant in this context if they are from a rich EU country, but less convincing if they are from Albania, for example.
France and Sweden are OK for you.
France and Sweden are OK for you.
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pv2715
07-13 09:13 AM
March 1 is NOT included.......See attachment Page 1 paragraph 5....
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
Hopefully next round of spillover buddy....hang in there...:-)
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
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coopheal
04-11 04:00 PM
This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
any category of EB3 or EB2 type going unavailable in May bulletin is alarming.
Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...
However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...
It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.
so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....
As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).
any category of EB3 or EB2 type going unavailable in May bulletin is alarming.
Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...
However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...
It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.
so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....
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jcmenon
07-25 01:22 PM
"Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
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neelu
12-13 12:17 AM
I'm with you - less talk and more action.
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
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Macaca
07-17 09:24 AM
I am just re-posting something that I had posted elsewhere. I really think that we have to be professional and mature in our response. Does anyone know how one can go about writing an op-ed in the New York Times?
--------------------------------------------------------------------------------
I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.
Please send email to reporter Robert Pear (http://www.nytimes.com/gst/emailus.html). The email should include URL to authentic URL that requires H1B's to pay ALL taxes.
The article: Little-Known Group Claims a Win on Immigration (http://www.nytimes.com/2007/07/15/us/politics/15immig.html) By ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) New York Times, July 15, 2007
--------------------------------------------------------------------------------
I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.
Please send email to reporter Robert Pear (http://www.nytimes.com/gst/emailus.html). The email should include URL to authentic URL that requires H1B's to pay ALL taxes.
The article: Little-Known Group Claims a Win on Immigration (http://www.nytimes.com/2007/07/15/us/politics/15immig.html) By ROBERT PEAR (http://www.nytimes.com/gst/emailus.html) New York Times, July 15, 2007
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Horace Jones
08-02 09:03 AM
Unfortunately it seems that others have run into similar situations, where an employer has promised to sponsor an H1 visa and then revoked that promise. Here is an example of a similar situation, where the immigrant party is a speech pathologist in Florida: My employer promised to sponsor me for Green Card and has now withdrawn that offer. I am a Speech Pathologist - Yahoo! Answers (http://answers.yahoo.com/question/index?qid=20071203071112AAiWfB1)
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DarkChild
02-15 08:17 AM
same here, if i see an example i might jump in, at the moment i have no idea how to start
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prioritydate
12-20 07:42 PM
<If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).
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pappu
07-05 02:23 PM
1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
How is it different from my idea?
Difference of colors. :D
Please join any of the drives running.
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
How is it different from my idea?
Difference of colors. :D
Please join any of the drives running.
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Canuck
02-14 08:15 PM
maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.
If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!
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bheemi123
10-03 03:13 PM
wrong there, once counted against cap she is exempt for 6 years. she can use this approval if working for same employe get it stamped and enter on H1 any time. Or apply for COS with any other employer sponsoring H1.
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
thats true..she has to apply for cos again....i thought u need to have new cap to apply transfer of status from l1 to h1..
To answer the original questions only two options.
1) depart and reeneter using L1
2) apply for COS (but a long process)
thats true..she has to apply for cos again....i thought u need to have new cap to apply transfer of status from l1 to h1..
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kiran24
06-10 04:05 PM
sent it.
gonecrazyonh4
03-20 12:36 AM
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
I agree with the points raised in the above post. If H4 dependents are given the right to work in this country things would be so much better and the wait for green card would not be so very tiresome. Not allowing H4's to work and making them completely dependent on H1B spouse is indeed a human right violation.As an H4 I have no identity in this country and the system makes me a complete dependent. (Please do not mail me back saying - If I am smart I can get an H1B, I am smart enough to work and contribute to this economy its just that my expertise may not fall under the tech/shortage skill category).
Employers are taking advantage of employees because the current immigration process supports such exploitation. This exploitation is prevalent among both with Indian and Non Indian Firms in different manner.
Also for whatever reason a number of people whose spouse is already working on H1B tends to discourage others from filing H1B for their H4spouses.I also see a similar trend where all those who has a green card wants the immigration law to be more ruthless to new GC applicants.If you look at the employment history of many among us you would find that they have come through the route of desi consulting firms fulling agreeing to the deal since they wanted the H1B at any cost.
I am not commending or supporting the Desi/other consulting firms or supporting the violation of law or ethics. Rather I want to point out that till the immigration process is revamped these practices will continue and each one of us has to take a route based on our individual circumstances.
I agree with the points raised in the above post. If H4 dependents are given the right to work in this country things would be so much better and the wait for green card would not be so very tiresome. Not allowing H4's to work and making them completely dependent on H1B spouse is indeed a human right violation.As an H4 I have no identity in this country and the system makes me a complete dependent. (Please do not mail me back saying - If I am smart I can get an H1B, I am smart enough to work and contribute to this economy its just that my expertise may not fall under the tech/shortage skill category).
Employers are taking advantage of employees because the current immigration process supports such exploitation. This exploitation is prevalent among both with Indian and Non Indian Firms in different manner.
Also for whatever reason a number of people whose spouse is already working on H1B tends to discourage others from filing H1B for their H4spouses.I also see a similar trend where all those who has a green card wants the immigration law to be more ruthless to new GC applicants.If you look at the employment history of many among us you would find that they have come through the route of desi consulting firms fulling agreeing to the deal since they wanted the H1B at any cost.
I am not commending or supporting the Desi/other consulting firms or supporting the violation of law or ethics. Rather I want to point out that till the immigration process is revamped these practices will continue and each one of us has to take a route based on our individual circumstances.
masouds
02-15 04:48 PM
You are blaming Indians and Chinese as a community to be racists. I will rather not mix with people who think like you. It is your perception, not a chinese or Indian problem.
No I didn't. What I said was that they keep to themselves. I don't know. If there was 10 of us Iranians in one department here, maybe we would have kept to ourselves too.
And I don't really care about who you mix with. Really. You are not that important. Neither am I.
No I didn't. What I said was that they keep to themselves. I don't know. If there was 10 of us Iranians in one department here, maybe we would have kept to ourselves too.
And I don't really care about who you mix with. Really. You are not that important. Neither am I.
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