rpatel
07-24 08:42 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
wallpaper EU European cuisine fish and
mahujam
10-15 04:51 PM
What are you suggesting? Please speak in lay man's terms.
All I am suggesting is that people who need copies of their LCA/I-140 should apply for that now before the queue gets saturated with this request.
Given this economy, there is a good chance that a whole lot of us will need to use EAD and do a AC-21. Not all of us have our job descriptions and O*net codes to do a successful AC-21 application.
And my question is: will sending multiple copies of this make any difference ?? How many copies are really required to get their attention??
All I am suggesting is that people who need copies of their LCA/I-140 should apply for that now before the queue gets saturated with this request.
Given this economy, there is a good chance that a whole lot of us will need to use EAD and do a AC-21. Not all of us have our job descriptions and O*net codes to do a successful AC-21 application.
And my question is: will sending multiple copies of this make any difference ?? How many copies are really required to get their attention??
go_gc_way
01-03 03:24 PM
bump !
2011 clip art fish and chips. clip
MahaBharatGC
09-21 02:14 PM
Count me in.
This wait is killing us.
YES YES YES.
Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
This EAD renewal funda is killing us...
Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:
This wait is killing us.
YES YES YES.
Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
This EAD renewal funda is killing us...
Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:
more...
onemorecame
09-17 01:49 PM
I am still waiting called 800 number they said wait for 15 days from the day RFE issued?
I am in touch with my attorney.. not sure what going on... :confused:
I am in touch with my attorney.. not sure what going on... :confused:
Tarang
08-29 06:55 PM
I agree with this. This is not limited to freshers only. I have 10 yrs of IT exp; Masters in Information Systems from top school; last 1.5 yrs with Big 4 in an Advisory role. When I got a lay off; I had to join a desi firm as I did not have time to search and transfer H1B. Now, I am compelled to change my genuine experience (working with fortune 100 clients) with fake projects just to get calls. Seems every desi recruiter wants last 5 years of US experience relevant to the position which is ludicrous; but anyway, that's part of life.
[QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?
As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.
When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.
With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.
It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.
There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.
So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend
[QUOTE=sweet_jungle]How come these people do not get caught during H-1 approval process or during visa stamping at consulate or maybe later during GC process?
As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.
When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.
With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.
It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.
There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.
So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend
more...
jcmenon
07-24 10:54 AM
It all depend how we interpret the law.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
Here is the arguement by stuck labor
"INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(3) an immigrant visa is immediately available to him at the time his application is filed."
BUT
The above is applicable for adjustment of status only not for filing of 485.
Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.
2010 clip art fish and chips. clip
senthil1
08-15 06:28 PM
I think after next October PD will be 2005 or later for EB2 and 2002 or later for EB3. The argument of taking 10 years for EB3 is just speculation and that much worse situation will never happen unless if they increase H1b numbers so much. Even after increasing H1b for US MS degree holders EB2 situation was not worst. Still I think less than 20% of H1b persons are applying GC. Reason is Top 4 Indian companies and some american consulting companies are not processing gc.
Unfortunately, China and ROW EB2 are 2 and 3 years ahead of INDIA EB2!!!
Hopefully, INDIA EB2 and EB3 moves forward in OCT with new allocation.
The DOS method of PIECE MEAL ALLOCATION NEEDS TO CHANGE!!
Unfortunately, China and ROW EB2 are 2 and 3 years ahead of INDIA EB2!!!
Hopefully, INDIA EB2 and EB3 moves forward in OCT with new allocation.
The DOS method of PIECE MEAL ALLOCATION NEEDS TO CHANGE!!
more...
svr_76
07-29 11:51 AM
Filing H1 and GC(Perm) are 2 different problems. H1 is temporarily hiring a skilled resource whereas GC is the intent to sponser for permanent immigration. And hence PERM processing is more involved.
Big corporation, which have to maintain accurate HR job descriptions/codes etc find that during PERM advertisement, they do find qualified applicants. At that point they cannot continue the process. This "recruitment" process is the most costly of the entire GC process and if they "find/receive" applications from qualified citizens/GC holders/Or ppl who dont need sponsership (read EAD) then they have to stop that process....
So saying that we will do GC is fine..but the current ground realities are different. You can get GC done from Desi consultant bcos the skirt the whole issue and "make" up the job requirement they want..well (read hell) they will even run fake pay stubs for u...so they can do wonders.
Big corporation, which have to maintain accurate HR job descriptions/codes etc find that during PERM advertisement, they do find qualified applicants. At that point they cannot continue the process. This "recruitment" process is the most costly of the entire GC process and if they "find/receive" applications from qualified citizens/GC holders/Or ppl who dont need sponsership (read EAD) then they have to stop that process....
So saying that we will do GC is fine..but the current ground realities are different. You can get GC done from Desi consultant bcos the skirt the whole issue and "make" up the job requirement they want..well (read hell) they will even run fake pay stubs for u...so they can do wonders.
hair clip art fish and chips. clip
nixstor
03-18 05:40 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
more...
pappu
07-05 11:22 AM
Core is putting their time and mmoney and doing this all for everybody
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
http://immigrationvoice.org/forum/showthread.php?t=6084
Pray please tell me what the core did for people stuck in BEC's.
Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.
I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.
http://immigrationvoice.org/forum/showthread.php?t=6084
hot clip art fish and chips. clip
rpulipati
09-26 09:44 AM
If you guyz like it, please use it.
===========================
Dear Editor,
I'm a skilled worker and attended the rally mentioned in the article. But as per the article, our intention was NOT to get attention to H1-B visas, instead
---------
the rally is for the skilled legal immigrants already present in United States, requesting Congress to speed up the permanent resident applications by re-suing the previous years unused visas and/or increasing the annual cap.
---------
There is a lot of difference between these two agenda's and this article really sends a wrong message to the entire American community.
So, I request you to please act immediately and correct the article. Also, please do sufficient investigation before you post things that are important to community (such as immigration).
Thanks
===========================
===========================
Dear Editor,
I'm a skilled worker and attended the rally mentioned in the article. But as per the article, our intention was NOT to get attention to H1-B visas, instead
---------
the rally is for the skilled legal immigrants already present in United States, requesting Congress to speed up the permanent resident applications by re-suing the previous years unused visas and/or increasing the annual cap.
---------
There is a lot of difference between these two agenda's and this article really sends a wrong message to the entire American community.
So, I request you to please act immediately and correct the article. Also, please do sufficient investigation before you post things that are important to community (such as immigration).
Thanks
===========================
more...
house fish and chips cartoon.
ita
01-31 12:24 PM
desi3933,
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
tattoo clip art fish and chips. clip
rajuseattle
07-14 07:48 PM
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
more...
pictures clip art fish and chips. clip
feedfront
09-22 07:08 PM
Guys,
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy
dresses Fish and chips with shrimp and
msyedy
06-13 08:45 AM
Yes that is true. Impact for US companies are minimal and in fact good for US companies and more disadvantage for Indian companies. Mainly those who are running just by H1b persons will have tough time. Actually many small US consulting companies went out of business because they were not able to compete with Indian companies because of H1B.
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
Let us analyze this thing in depth.
a) According to the restriction which stops consulting
New york city--- Desi Companies will be affected. They will not be able bring H1-B.
CDI, RCG, Bearing Point, Datanomics, .... ..... ... .. there are 1000s of middle vendor which supply the Desi labor to the Wall street companies and more.
I am just talking about NYC. These laborer comes from desi comapnies.
With restriction...desi cannot bring H1-B..the middle vendors are screwed and hence the clients. Due you have an idea how many Indians work for the financial companies that are not a direct hire.
If you stop consulting Wall street's wall will fall. The work that a desi can do in 1 day an american would take three days. At least in my company they have realized it.
You answer this
more...
makeup clip art fish and chips. clip
abracadabra102
02-09 04:45 PM
They wasted 580 EB3 India visas last year (2009).
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
A third of 7% is the upper limit for EB3 I. They can issue fewer Visas based on demand from other countries. Having said that, South Korea and Philippines got more than their fair share. There may be some reason for this.
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
A third of 7% is the upper limit for EB3 I. They can issue fewer Visas based on demand from other countries. Having said that, South Korea and Philippines got more than their fair share. There may be some reason for this.
girlfriend clip art fish and chips.
greenguru
12-10 02:16 PM
He got his GC.. i will not expect him here.. we need one more VLDrao
hairstyles clip art fish and chips. clip
coolmanasip
03-07 10:14 AM
could not agree more!!! you really just get one life.....And you know what, the unhappiness plays on your mind and body and lifestyle........
I resigned this week........they are giving me all sorts of hell about it but I am happy I will go to a new place and pursue all the opportunities I ever wanted to....
I resigned this week........they are giving me all sorts of hell about it but I am happy I will go to a new place and pursue all the opportunities I ever wanted to....
reddymjm
10-15 01:31 PM
do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D
I hate flower campaigns. If we do one more for sure it will go to 1900 if not 1800.
I hate flower campaigns. If we do one more for sure it will go to 1900 if not 1800.
rockstart
07-13 05:02 AM
I am current as well.
