gc28262
03-11 01:01 PM
No offense to the OP and Thanks for posting this, but this thread is kind of diverting us from some of the efforts currently in progress, we are again playing the prediction game.
Lets contribute to the FOIA funding drive and get the right information.
thanks,
7zen
This thread should not divert our attention from FOIA action item. We just got some information through senator. It does not have enough details to conclude anything.
This response should help us to focus on what to ask for in FOIA/efforts through senators. It is a pointer that we won't get the required info unless we clearly specify what we want.
Lets contribute to the FOIA funding drive and get the right information.
thanks,
7zen
This thread should not divert our attention from FOIA action item. We just got some information through senator. It does not have enough details to conclude anything.
This response should help us to focus on what to ask for in FOIA/efforts through senators. It is a pointer that we won't get the required info unless we clearly specify what we want.
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Desertfox
12-11 06:26 PM
Why dont you call VFS and find out what's happening and if they can help you to resolve this?
The VFS website says the consulate is still holding the passport. My wife also applied for H1B on the sameday/sametime and she got her passport within 3 days. I doubt i am stuck because of this new PIMS rule. Should i send an e-mail to the consulate to confirm it?
The VFS website says the consulate is still holding the passport. My wife also applied for H1B on the sameday/sametime and she got her passport within 3 days. I doubt i am stuck because of this new PIMS rule. Should i send an e-mail to the consulate to confirm it?
spdy_mn
06-14 01:34 PM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
That explains almost every thing. Thanks so much
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
That explains almost every thing. Thanks so much
2011 Kim Kardashian is a master at
waiting_4_gc
07-18 03:03 PM
Guys , I think this issue has been discussed lot of times.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
Not sure USCIS keep up their promise with a large volume of applications. I came to know from immigration-law.com site that, 750,000 applications(yes,i'm talking about I-485) will be filed in this one month period. So, I'm really scared to imagine something good with such large volume.
We should fight for recapturing unused visas and EB visa reform.
Otherwise, we dont know how many more years we have to wait to get GC.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
Not sure USCIS keep up their promise with a large volume of applications. I came to know from immigration-law.com site that, 750,000 applications(yes,i'm talking about I-485) will be filed in this one month period. So, I'm really scared to imagine something good with such large volume.
We should fight for recapturing unused visas and EB visa reform.
Otherwise, we dont know how many more years we have to wait to get GC.
more...
ita
08-25 10:54 PM
Thank you very much
willwin
09-17 02:08 PM
I strongly believe that they will mark up the bill HR 5882 today; it may go late in to the evening and may happen with minimal resistance.
more...
senthil1
04-27 02:33 AM
My analysis if the law is passed in the current form
1. Non displacement provision will delay H1b process. But innovation will not be impacted as best companies Like Google, Microsoft and start up companies will not have a problem in proving that skills are not available in the market.
2. When a company lays off they cannot recruit for 6 months. But a company is laying off people they will hardly recruit for 6 months. Generally when they do less than 5% of staff that will not come under layoff provision and still they can recruit H1b. So only a few positions will be impacted.
3. 50% rule may make many bodyshoppers and Top indian companies force to recruit US Citizens and medium non public companies may split into many companies. Some H1b dependent small and medium companies may go out of business. It will have huge short term impact on H1b aspirants but they will adjust quickly to change their jobs.
4. More powers for DOL will make the companies to follow the law and reduction of abuse
5. Of course the restrictions will make less number of jobs for H1bs and L1s. But when economy improves demand will increase so that H1b cap will be reached inspite of all these restrictions. I strongly believe that system will adjust the new restrictions similar to TARP bill but short term very high impact. But that can be minimised by applying all those restrictions only for new H1bs. Generally more restrictions the persons qualifying will be best and bright and also wages for H1bs,L1s also will increase with improved working conditions.
6. If pro immigrants like IV can negotiate to include Recapture or increase GC cap. But that depends on chance of passing the bill. If IV and other pro immigrants lobby and block the bill then that makes sense. But if the bill gets bi partisan support then it may be wise to take different approach. This bill may be like 2007 and may not be considered at all.
I did not read the bill completely but my views were based on some major provisions and also I do not believe the conspiracy thoeries that they want to remove the H1b program first then EAD then GCs. But it is a protection for US citizens. I am not arguing that the protection is right or wrong but most countries in the world are trying to do that when recession. India has 100% protection for jobs for Indian citizens
1. Non displacement provision will delay H1b process. But innovation will not be impacted as best companies Like Google, Microsoft and start up companies will not have a problem in proving that skills are not available in the market.
2. When a company lays off they cannot recruit for 6 months. But a company is laying off people they will hardly recruit for 6 months. Generally when they do less than 5% of staff that will not come under layoff provision and still they can recruit H1b. So only a few positions will be impacted.
3. 50% rule may make many bodyshoppers and Top indian companies force to recruit US Citizens and medium non public companies may split into many companies. Some H1b dependent small and medium companies may go out of business. It will have huge short term impact on H1b aspirants but they will adjust quickly to change their jobs.
4. More powers for DOL will make the companies to follow the law and reduction of abuse
5. Of course the restrictions will make less number of jobs for H1bs and L1s. But when economy improves demand will increase so that H1b cap will be reached inspite of all these restrictions. I strongly believe that system will adjust the new restrictions similar to TARP bill but short term very high impact. But that can be minimised by applying all those restrictions only for new H1bs. Generally more restrictions the persons qualifying will be best and bright and also wages for H1bs,L1s also will increase with improved working conditions.
6. If pro immigrants like IV can negotiate to include Recapture or increase GC cap. But that depends on chance of passing the bill. If IV and other pro immigrants lobby and block the bill then that makes sense. But if the bill gets bi partisan support then it may be wise to take different approach. This bill may be like 2007 and may not be considered at all.
I did not read the bill completely but my views were based on some major provisions and also I do not believe the conspiracy thoeries that they want to remove the H1b program first then EAD then GCs. But it is a protection for US citizens. I am not arguing that the protection is right or wrong but most countries in the world are trying to do that when recession. India has 100% protection for jobs for Indian citizens
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Berkeleybee
02-23 08:22 PM
Hmmm. Immigration issues are conspicuously absent from this (Kennedy Right TRACK) version of the Competitiveness theme. Could be because he has the McCain-Kennedy bill to deal with that.
more...
kumarc123
01-09 09:14 AM
You're right. No offence but no authority seems to be listening to IV suggestions. I agree that people at IV are doing great job, but the problem is nobody is listening. They just don't care. And this think will go on & on. I remember s'body suggesting hunger strike and at that point of time I thought that won't work. But now it seems we have to go extreme and do hunger strike and stuff to pressurize this crappy system.
EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
Lets target the 'Asses' asking for a kick. Let's all kick ass.
I totally agree with you, I used to visit IV a lot, but was just disappointed with the results from some of its members. Not to blame IV core team, but other members who would just come and read blogs. Specially EAD holder's, I hope their eyes are opening up to new realities. Yesterday, my sister in law entered USA from Newark Airport and she witnessed three people holding HIB visas get cancelled at the immigration point, one had EAD.
All we Desi's want is a free ride, same old mentality, don't want to put in any diligence in this matter, but very quick on pointing short comings on others. Blame game!
Point is, we all need to do something radical, sending flowers again and holding a hunger strike, otherwise, keep coming to IV and keep getting disappointed.
Papu, maybe you can hold something up for once. Schedule a date for some event.
EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
Lets target the 'Asses' asking for a kick. Let's all kick ass.
I totally agree with you, I used to visit IV a lot, but was just disappointed with the results from some of its members. Not to blame IV core team, but other members who would just come and read blogs. Specially EAD holder's, I hope their eyes are opening up to new realities. Yesterday, my sister in law entered USA from Newark Airport and she witnessed three people holding HIB visas get cancelled at the immigration point, one had EAD.
All we Desi's want is a free ride, same old mentality, don't want to put in any diligence in this matter, but very quick on pointing short comings on others. Blame game!
Point is, we all need to do something radical, sending flowers again and holding a hunger strike, otherwise, keep coming to IV and keep getting disappointed.
Papu, maybe you can hold something up for once. Schedule a date for some event.
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ndialani
11-03 04:02 PM
1 week after getting approved, I got the card in mail today.
All the work that I put in the last 2 month to get my file picked finally comes to an end here. It's good to see that people are proactively calling USCIS and following up on their cases.
Good luck to all EB2 folks who are current and waiting and to all the EB3 folks, hope you guys become current soon.
Keep the faith...
Congrats Caliguy!!!
I ve been following your case !
How many times did you call IO ?
First time i called ,IO(Male voice) said my I140 shows EB3 catagory
Today , i called again, IO (Female-Janet), she said ,other officer didnt know what to look for , your application is Preadj. and in line to be assigned to an IO for processing.
I dont know , whom to believe.
Any suggestions???
All the work that I put in the last 2 month to get my file picked finally comes to an end here. It's good to see that people are proactively calling USCIS and following up on their cases.
Good luck to all EB2 folks who are current and waiting and to all the EB3 folks, hope you guys become current soon.
Keep the faith...
Congrats Caliguy!!!
I ve been following your case !
How many times did you call IO ?
First time i called ,IO(Male voice) said my I140 shows EB3 catagory
Today , i called again, IO (Female-Janet), she said ,other officer didnt know what to look for , your application is Preadj. and in line to be assigned to an IO for processing.
I dont know , whom to believe.
Any suggestions???
more...
chicago60607
09-17 12:20 PM
SO many amendments to HR6020, King is as usual the lead of amendments
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gpr
01-19 08:46 AM
Count me in. I am not on H1 but we need to stop this in its tracks.
more...
house Tagged as: Kim Kardashian
java06
04-19 11:07 AM
just now made my contribution through paypal. Go IV!!
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mrdelhiite
07-26 07:36 AM
my 2 cents!!
if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.
EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...
Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.
u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....
hope this helps.
if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.
EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...
Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.
u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....
hope this helps.
more...
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WeShallOvercome
07-18 02:39 PM
i called a couple of times spoke to Inf officer at NSC ,
&& she told she was not aware of cases where NSC has created rejection letters and sent them also she added they just completed june filers and will be starting to proceed with JULY .
Now reg. my processing times:
Applied Jun 30
Receipt Jul 2 9:54 : FedEx
status : On Hold ?
Checks : Not cashed Yet
She also adviced most probably i should receive some kind of communication before end of july !!
That's great news !!
&& she told she was not aware of cases where NSC has created rejection letters and sent them also she added they just completed june filers and will be starting to proceed with JULY .
Now reg. my processing times:
Applied Jun 30
Receipt Jul 2 9:54 : FedEx
status : On Hold ?
Checks : Not cashed Yet
She also adviced most probably i should receive some kind of communication before end of july !!
That's great news !!
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gc_on_demand
06-17 09:44 AM
Please call lawmakers listed on home page.
more...
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alterego
03-10 07:10 PM
This data is ambiguous from the USCIS. It very well could represent pending 140 petitions, in which case all the euphoria would turn to shock. We must try to get clarification about this before anything else.
One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.
One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.
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kshitijnt
07-17 10:21 PM
Dear Sir:
I have seen Mr Lou Dobbs show a number of times over the years. Never have I seen a single good remark he has made against immigrants. His journalism is highly biased and is misleading american people.
Kshitij Tumbde
I have seen Mr Lou Dobbs show a number of times over the years. Never have I seen a single good remark he has made against immigrants. His journalism is highly biased and is misleading american people.
Kshitij Tumbde
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WeShallOvercome
07-23 05:57 PM
You WILL BE fine !
My company got an RFE for ability to pay from USCIS. we are responding back with my companies 2006 tax returns and w-2 which shows more than proffered wage determined by Dept of Labor during PERM. I hope this should be fine and I will get a favorable response.
My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.
please advice
My company got an RFE for ability to pay from USCIS. we are responding back with my companies 2006 tax returns and w-2 which shows more than proffered wage determined by Dept of Labor during PERM. I hope this should be fine and I will get a favorable response.
My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.
please advice
desi3933
01-28 04:50 PM
[/URL].....
desi3933,
Please refer [URL="http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf"]AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?
Here is the pdf link again
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.
Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.
Just harping "illegal memo" does not change anything.
________________
Not a legal advice.
desi3933,
Please refer [URL="http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf"]AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?
Here is the pdf link again
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.
Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.
Just harping "illegal memo" does not change anything.
________________
Not a legal advice.
akhilmahajan
03-11 09:49 AM
I think we still are waiting from the member to tell us, exactly what was asked of the senator.
GO I/WE GO. TOGETHER WE CAN.
GO I/WE GO. TOGETHER WE CAN.