angelfire76
02-13 04:07 PM
His views are distorted.
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
They can get a work permit to work in India. The only requirement is that they have to sign on a police register every month or so. This is because Indian Immigration still has not yet computerized all their records due to little to no demand.
Companies like Infosys and Wipro do hire MBAs and Engineering undergrad students to train in their India offices to understand their business model.
Wait a minute, you are from Germany, a historically xenophobic state. :rolleyes:
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
They can get a work permit to work in India. The only requirement is that they have to sign on a police register every month or so. This is because Indian Immigration still has not yet computerized all their records due to little to no demand.
Companies like Infosys and Wipro do hire MBAs and Engineering undergrad students to train in their India offices to understand their business model.
Wait a minute, you are from Germany, a historically xenophobic state. :rolleyes:
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jcmenon
07-24 02:49 PM
jc menon...have u ever taken a law class? - No
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
digmetalq
04-07 06:35 AM
The POE issue must be taken seriously, God forbid if you have family emergency, and you are on H1B, will you take the risk and travel, and even if you have to when you return you realise that your employer says that he has qualified US citizen from programmers Guild to replace you.
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Jaime
09-10 04:23 PM
Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!
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gc_maine2
06-11 08:06 AM
Completed just now
shukla77
09-26 10:14 AM
Wrote to editor to correct the mistake.
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starving_dog
07-24 09:44 AM
This thread started just over an hour ago. The IV Core Team have full time jobs, families and competing interests. One of them will surely see the thread and comment in due time.
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gc__aspirant
05-30 02:49 AM
Hi All,
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
I applied my I485 in April 2007 (PD-July 2002, RD-April 23, 2007) and there has been no update (LUDs) on my application even after FP in May 2007. I called up NSC in Nov 2007 and they confirmed that FPs are OK and it is OK to have no LUDs after FP. Since then, it is a waiting game. Till Feb, i was told that my app is under security review (although my spouse's review was complete). After the USCIS's memo in Feb, there is no update either. My attorney has opened an SR with NSC on may 8th and they acknowledged that my app is outside the normal processing time.
Any suggestions on what steps should i take?
Thanks
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stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
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.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
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.
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xela
03-19 10:33 AM
I assume there are more people like me out there that originally filed in 2003 or 2002 for ROW EB3 and then there came Perm
Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.
I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?
Since nobody had touched my 2003 file (backlog), my lawyer advised me that PERM would be a good way to go, it also would give me a chance to file with a new job descroption that fit my by now different position.
Bad thing was that she did not advise me to recapture my 2003 date but rather kept both applications in the running saying that we could cancel the 2003 when they finally got to it, which was June 2007 and at that point I could file in July for 485 with the Perm. Now my 2003 case was a regular one so we would have had to redo the hiring we did already for the perm.
I have this feeling there were many older backlogged cases that people ended up cancelling last year since their PERM ones are further along and they did not want to go through any more hiring processes or lawyers payments. Or because they gave up?
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tinamatthew
07-24 01:02 PM
There is no doubt the employer letter is required.
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form. OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?
This is my 2c, but pls confirm with lawyer :)
The only question is:
1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form. OR
2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?OR
3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?
This is my 2c, but pls confirm with lawyer :)
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Nikith77
03-12 08:57 AM
Why is this info no in the USCIS web site.
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EkAurAaya
07-17 12:25 AM
satysh very well written, but unfortunately i dont think it will make any difference on bigots over at numbers and other anti immigrant sites
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zuhail
03-11 09:27 PM
Before starting new fund raising...do you consider to contribute for the current drive.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
Yes, I contributed $200 to the current FOIA drive (Receipt Number: 0204-6911-0775-0614).
In future, please send queries of this type to my personal mail box,
so that the main message/discussion of this thread is still about re-capturing visa numbers.
Thanks.
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dontcareaboutGC
04-13 11:37 AM
Nope. This can be spillovers. Besides there was a recapture drive before which the Competetive Act of the 21st Century enacted by Congress. I wonder if those numbers are considered in the stats shown..
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InTheMoment
07-13 11:39 PM
Thanks for the latest info. Would be interested to know about this change...
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
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pv2715
07-12 06:41 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
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gc_chahiye
08-15 05:33 PM
Well, I mean no offense to anybody but why is EB3 ROW so far back while EB2 India and China are as per June bulletin or better?
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
India did have tons of approvals, but I believe most were EB3 (18K) so thats gone to U. These are just a small number of unused visas that were presumably returned. October and there-on dates are a real reflection of USCIS backlog etc. (see the arbitrary use of Jan 2007 for EB1 in this VB)
I thought for India the approved cases were 5 times the country quota for 2007? Good for those guys that were approved but I still don't get it why ROW is 2002!
India did have tons of approvals, but I believe most were EB3 (18K) so thats gone to U. These are just a small number of unused visas that were presumably returned. October and there-on dates are a real reflection of USCIS backlog etc. (see the arbitrary use of Jan 2007 for EB1 in this VB)
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gkdgopi
07-13 09:27 PM
Whoever supports our cause are our friends irrespective of their motives, we need as much support as we can get now. my 2 cents.
imneedy
05-06 03:04 PM
They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)
kaisersose
09-18 11:15 PM
I had to reluctantly stay away from the rally due to a brand new baby at home, but I sure hope to be part of future efforts.
And I totally agree that Legal is the keyword. Most Americans are not clear about Legals v Illegals and lump them together. Of course, some just do not care and do not see a need to differentiate between the two. They would just like to see Asian and South Asian folks get out of the country.
And I also am not in favor of asking for an increase in GC quota. Instead I am in favor of not counting spouse and kids against the quota. This itself will effectively inrease the quota to over 350K per year. Directly asking for quota increase always leaves a bad taste for skeptics and will slow down any possible action.
And I totally agree that Legal is the keyword. Most Americans are not clear about Legals v Illegals and lump them together. Of course, some just do not care and do not see a need to differentiate between the two. They would just like to see Asian and South Asian folks get out of the country.
And I also am not in favor of asking for an increase in GC quota. Instead I am in favor of not counting spouse and kids against the quota. This itself will effectively inrease the quota to over 350K per year. Directly asking for quota increase always leaves a bad taste for skeptics and will slow down any possible action.