delax
07-22 01:16 PM
Here's an Apr-2006 EB2-I approval posted today on Murthy forum:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8351049171
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GCAmigo
02-14 12:24 PM
Allowing anybody with an approved labour certification to immediately file for their 485 is clearly a bad idea given the constraints of the system as outlined by unitednations. We could make a change in our proposal so that only people with, say, a five year old priority date and an approved 140 could file for their 485 without a current priority date. oguinan
a 3-yr deadline..as I just entered my 4th year of this endless pain..
a 3-yr deadline..as I just entered my 4th year of this endless pain..
patiently_waiting
01-13 03:53 PM
makes the life very doomed.
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gemini23
06-26 01:30 PM
Is this a joke..let me know if i can laugh at this one.
Well....
the rumour is that USCIS will accept as much as their parking lot can accommodate 485 applications.
They will at best try not to spill over to the roads nearby causing traffic jams.:eek:
Well....
the rumour is that USCIS will accept as much as their parking lot can accommodate 485 applications.
They will at best try not to spill over to the roads nearby causing traffic jams.:eek:
more...
ujjvalkoul
10-04 03:49 PM
I sent my application to Buffalo early Sep., however, have not received the receipt # yet. My friend told me it only took a couple of weeks for him to get his last year.
Just wonder how long it is gonna take, thanks for any headsup!
PRoabably 1 -2 months to get receipt letter
Just wonder how long it is gonna take, thanks for any headsup!
PRoabably 1 -2 months to get receipt letter
vdlrao
07-21 05:33 PM
Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.
This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.
This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.
more...
file485
02-06 12:55 PM
for the cases in pipeline nothing can be done..they r just saved...but now atleast people will step back to buy LCs approved...and consulting companies wont file file LCs in the hundreds...
USCIS dint know about the desi consulting companies r the kind 'if we give them place at the feet...they r ready to cut the throat...!'
they shud have done it long ago...Anyway better late than never....!!
USCIS dint know about the desi consulting companies r the kind 'if we give them place at the feet...they r ready to cut the throat...!'
they shud have done it long ago...Anyway better late than never....!!
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sangmami
06-28 06:22 PM
Hi,
I just talked to my lawyer and he said that anything is possible(midmonth/early week retrogression)..Lets hope for the best and prepare fr the worst.If u can ,just target to file ur application asap.Ifwe are in the state of denial and try to console ourselves saying that nothing will happen and if something happens who is at loss.So be happy that u have some clue and file as early as possible.For things that u have cntrol on try to speed up.GOD bless us all.
thanks
I just talked to my lawyer and he said that anything is possible(midmonth/early week retrogression)..Lets hope for the best and prepare fr the worst.If u can ,just target to file ur application asap.Ifwe are in the state of denial and try to console ourselves saying that nothing will happen and if something happens who is at loss.So be happy that u have some clue and file as early as possible.For things that u have cntrol on try to speed up.GOD bless us all.
thanks
more...
deba
07-03 05:04 PM
I am India EB2. Labor cleared 2 years back, I140 cleared more than 1.5 years back and I485 pending for more than a year. Have EAD and AP.
Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
I would like to change to a new employer with a new H1.
I believe I am eligible for a 3 year extension based on above conditions.
My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?
Currently continuing under same employer with I797 valid till Dec/2008. I will complete 6 years of H1 in Dec.
I would like to change to a new employer with a new H1.
I believe I am eligible for a 3 year extension based on above conditions.
My question: After I get a new H1 and invoke AC21, but supposing old employer withdraws I140, what happens to the new H1?
Since it is to be issued for 3 years based on labor/I140 cleared etc., what will be the situation if the underlying I140 is withdrawn by original sponsoring employer?
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Rohan99
07-27 12:40 PM
Devil's advocate - Immi_enthu
Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life
We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.
your response?
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
Yes, you are right you will have good life but not in Florida may be in Guantanamo Bay detention camp becasue you are on H1 and doing Amway which is illegal. USCIS is going to check your name in Amway database before giving you Green Card and then detain you. It will be good life for you becasue you will get free food (you do not have to earn) and view of Guantanmo Bay with cuban cigar..wht else can you expect ...I envy your life
We guys (non-amway) will be slogging for bread and butter but we like our freedom and travel to Hawaii in economy class and stay at Motel 6.
your response?
we dont need to work after 40 we will move to Florida with all the money we make , stop stalking people , stop working just enjoy everyday on the beach and big mansion bought from the savings from the regular job and live off of free $xxxx/month earnings we make out of Amway/Quixtar . Where as you guys will be slogging in 40's and 50's
more...
sledge_hammer
02-16 08:27 AM
Great find!
I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -
"Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
I guess all the talk about suing USCIS will go down the toilet based on this excerpt from the article -
"Assuming that under the plenary power doctrine noncitizens possess few, if any, constitutional protections with respect to entering the country, the implications of racial and national origin exclusions on citizens must be considered. Because the Constitution unquestionably protects the rights of citizens, citizens claiming injury have a better chance at successfully challenging the immigration laws than noncitizens directly affected by their operation. Courts have recognized that citizens in certain circumstances may challenge the lawfulness of immigration laws because of the impact on their rights."
oguinan,
Paragraph 1 of Article 1 establishes the definition of racial discrimination for the purpose of the document. Paragraphs 2 and 3 limit the operation of the convention. As to why paragraphs 2 & 3 were included, perhaps they were required to get countries to sign on to the convention.
Here's a better link. Read under Modern Racial Exclusion, excerpts of which I have posted below.
http://academic.udayton.edu/race/02rights/immigr09.htm
...similarly situated persons (e.g., siblings and children of U.S. citizens) may face radically different waits for immigration depending on their country of origin, with accompanying racial impacts.
The law created a new immigrant visa program that effectively represents affirmative action for white immigrants, a group that benefitted from preferential treatment under the national origins quota system until 1965. Congress, in an ironic twist of political jargon, established the "diversity" visa program, which though facially neutral prefers immigrants from nations populated primarily by white people.
The link to the CERD report is here. The convention does not address the country limit directly as the convention expressly does not apply in that area, but it does show that there is awareness about the discrimination faced by immigrants. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6d8aee7e356e6498c1256d4e00557f3b?Opendocument
You can see that the UN panel is aware of the fact that racial discrimination manifests itself in disproportional representation (note the reference to the composition of the Supreme Court). It can be argued that the 7% country limit provides a pretext to discriminate against India/China/Mexico on the basis of ethnic or racial origin, and as such would run afoul of the convention.
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minimalist
09-23 11:01 AM
I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.
aps
Dude, It is a proposal from one of IV folks. The chances if it becomeing enacted are 0.0001%.
Even if it does ,it takes few more people out of the queue.
I can't afford to buy a house either. If 10 people get out of the queue, the line will be that much shorter.
aps
Dude, It is a proposal from one of IV folks. The chances if it becomeing enacted are 0.0001%.
Even if it does ,it takes few more people out of the queue.
I can't afford to buy a house either. If 10 people get out of the queue, the line will be that much shorter.
more...
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mihird
10-09 03:34 PM
I too am in the US for 6 years now and because my lawyer insisted on transferring to H1 status from TN before filing the GC (wasted a full year in that waiting for the quota to open up), it has gotten me to this state...
Overall, I still feel, its cleaner to go from H1 to GC. TN to GC requires careful planning and deeper understanding of the laws. Strictly going by the books though, TN is not a dual intent status, so the road to the GC might get murcky...
Overall, I still feel, its cleaner to go from H1 to GC. TN to GC requires careful planning and deeper understanding of the laws. Strictly going by the books though, TN is not a dual intent status, so the road to the GC might get murcky...
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songlan
07-13 09:59 AM
Can you share with us the steps (or a link maybe) to file on our own.? I have heard of Maple a lot and most of my friends in the west coast are going through them. That's why I referred their name here. Note: I am not paid to market them and they are very expensive :(
thks!!
lotr
You can easily find the steps at the official website www.cic.gc.ca . I followed the instructions on this web site step-by-steps and got GC approval for whole family in 12 months. I did not complete the final steps (pay the final fee and land to Canada for at least once), because I thought the chance to get US GC is still with us. Now I got US GC 3 weeks ago (at the crazy peak of approval June 15 June 30 , you knew it).
I made many researches about the chance to live in Canada for an ex-US H1B (asking the friends there, compare the living cost, job search in canada, visit canadian forum etc ...) and found the decision to quit US and get GC in Canada is very various and depends on individual cases/family. You have to make your own research and find Canada GC is suitable for your situation , your family or not.
for short, you can do-it-yourself the the application canadian GC, you certainly DO NOT NEED an immigration service . Paying such services could only cause your case more delays (everything get though attorneys first .....) ....
thks!!
lotr
You can easily find the steps at the official website www.cic.gc.ca . I followed the instructions on this web site step-by-steps and got GC approval for whole family in 12 months. I did not complete the final steps (pay the final fee and land to Canada for at least once), because I thought the chance to get US GC is still with us. Now I got US GC 3 weeks ago (at the crazy peak of approval June 15 June 30 , you knew it).
I made many researches about the chance to live in Canada for an ex-US H1B (asking the friends there, compare the living cost, job search in canada, visit canadian forum etc ...) and found the decision to quit US and get GC in Canada is very various and depends on individual cases/family. You have to make your own research and find Canada GC is suitable for your situation , your family or not.
for short, you can do-it-yourself the the application canadian GC, you certainly DO NOT NEED an immigration service . Paying such services could only cause your case more delays (everything get though attorneys first .....) ....
more...
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paskal
02-14 03:50 PM
[QUOTE=gjoe;223388]How many of us who contributed to IV mentioned that in the AOS application form I485. I guess you are supposed to disclose your affiliation to IV, atleast when you are a contributing member. If this is true most of us will automatically disqualify for a GC because we failed to disclose information truthfully
I did! full disclosure....:)
I did! full disclosure....:)
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msp1976
02-13 03:42 PM
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
more...
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onemoredesi
05-19 01:12 PM
Thx for the info.. knowDOL. Could you pls suggest me where you found that information (reg EB3 not coming under the cap).
Also, I have not received my 45 day letter so far.. don't know how long it is going to take..
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
Also, I have not received my 45 day letter so far.. don't know how long it is going to take..
August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.
What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.
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injrav
08-03 12:52 PM
This only proves that this is an important immigrant issue. Pappu should help educate every one.
Hi TravInd
keep going on man
you are the Pappu of this Thread
Hi TravInd
keep going on man
you are the Pappu of this Thread
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at0474
12-14 05:34 PM
The difference between your idea and mine is your thinking is still stuck in the 16th century. He is Indian, he is Chinese, he is Mexican etc, while I see everyone as human beings. There lies the difference.
--Oh homo sapien!! What was my idea again? Where did you get 'my idea vs your idea' from? I did not propose that country cap be enforced.
EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place,
--What if 10% a year from one country continues for few years...
US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !
--There are several factors influencing high hispanic population in this country. I am not sure what the link is here?? If the system is failing to ensure diversity, let us do away with it completely...
--Oh homo sapien!! What was my idea again? Where did you get 'my idea vs your idea' from? I did not propose that country cap be enforced.
EB Immigration is just 12% of all immigrants. How can it affect diversity of the country? With all the country quotas in place,
--What if 10% a year from one country continues for few years...
US is becoming hispanisized with Hispanics slated to become 25% of the population ! So much for the much touted 'diversity' !
--There are several factors influencing high hispanic population in this country. I am not sure what the link is here?? If the system is failing to ensure diversity, let us do away with it completely...
thepaew
12-13 04:46 PM
It will be a total waste of effort. Congress has exclusive purview to regulate relations, commerce, etc. with foreign nations. No lawyer/court can provide quick fix and the case will not be heard.
No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.
It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".
No shortcuts guys!! For any real change we have to convince the US Congress and the Executive Branch. And that involves time, commitment and money.
It will be a waste of money. The US does not have to allow any immigration if it chooses so. Do you realize that getting a GC is not a right, but a privelege? It's a matter of grace and no court has jurisdiction to review if government says "no".
svr_76
05-11 10:54 AM
And you have moved to the US. Participating in IV forums to see when/how the visa bulleting can be changed so your date becomes current and you get a GC and are free to hop and try to get a job of your dream. Why do you care about these things? Just wait for your card man...enjoy the wait in the line..rest of the stuff is not of your worry (unless offcourse you get laid off and then all of a sudden your patriotism wakens up...and u get all firedup to proove your mettle in your own land.?
Leave this pseudo-patriotism in your apartment dude as u are in the land of dreams that you dreamt about. Just worry about the time it takes for u to get GC and then wait 5 years to get citizenship.
Leave this pseudo-patriotism in your apartment dude as u are in the land of dreams that you dreamt about. Just worry about the time it takes for u to get GC and then wait 5 years to get citizenship.