pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
wallpaper Kristen Stewart and Margarita
srikondoji
06-29 04:54 PM
Let us call rumors as pure rumors, even if they are from individuals here on IV or from aila until the official agency release their report.
Let us step back a bit and analyse it with just common sense.
USCIS and whatever that other agency is, is not a fool to release a july bulletin and make everybody current. If they have made all categories current in the hope that they want to utilize all visa numbers then this is the height of stupidity. If that was their intent, they could have moved dates 2-3 months each month starting july till September.
They should have prepared themselves for the flood of applications starting july 1st, and that is the reason for suspending the premium processing.
Make PD's current and then goingback in just couple of weeks doesn't make sense at all.
If someone has done this in haste then i doubt the overal integrity of this organization and its continuity.
When i started the rumor of possible mid july retrogression, then that was based on the flood of applications that would go by july 2nd week. I am surprised that people are now talking monday or tuesday retrogression and a possible fresh bulleting from USCIS.
Who would know the fresh july bulletin updates from USCIS other than USCIS and why would they leak that information before hand?
Why should we beleive aila?
Do an independent and individual assesment of this issue and go have a beer for the weekend.
Let us step back a bit and analyse it with just common sense.
USCIS and whatever that other agency is, is not a fool to release a july bulletin and make everybody current. If they have made all categories current in the hope that they want to utilize all visa numbers then this is the height of stupidity. If that was their intent, they could have moved dates 2-3 months each month starting july till September.
They should have prepared themselves for the flood of applications starting july 1st, and that is the reason for suspending the premium processing.
Make PD's current and then goingback in just couple of weeks doesn't make sense at all.
If someone has done this in haste then i doubt the overal integrity of this organization and its continuity.
When i started the rumor of possible mid july retrogression, then that was based on the flood of applications that would go by july 2nd week. I am surprised that people are now talking monday or tuesday retrogression and a possible fresh bulleting from USCIS.
Who would know the fresh july bulletin updates from USCIS other than USCIS and why would they leak that information before hand?
Why should we beleive aila?
Do an independent and individual assesment of this issue and go have a beer for the weekend.
spgtopper
01-26 04:41 PM
I haven't read any news on that.
If you find anything, please post it here.
If you find anything, please post it here.
2011 Photos: Kristen Stewart Black
indianabacklog
06-19 12:01 PM
Everyone seems to indicate that the checks for fees payment to the INS need to be made out to USCIS, however, all the forms that I've downloaded from their website instruct that the payments be made out to Department of Homeland Security - which one is correct?
I have already filed my AOS for self and spouse, and made checks payable to Department of Homeland Security, written out in full. They were cashed more than a month ago which suggests I got it right.
I have already filed my AOS for self and spouse, and made checks payable to Department of Homeland Security, written out in full. They were cashed more than a month ago which suggests I got it right.
more...
abuddyz
01-29 03:45 PM
Hi, Both my wife's and my approval notices state a WAC number. And I am stuck in PIMS for past 27 days now!!!!!!!!:mad:
thanks for posting your details..can you please let us know when was your H1 approved?
thanks for posting your details..can you please let us know when was your H1 approved?
spdy_mn
06-29 05:44 PM
Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?
Probably they wanted to raise $4.4 billions for border security through us. Since there is no need for that money now that CIR failed they are going back to status quo.
Probably they wanted to raise $4.4 billions for border security through us. Since there is no need for that money now that CIR failed they are going back to status quo.
more...
kuhelica2000
11-22 03:17 PM
Here is my take-
Foreclosing on your house is asolutely legal in the USA. You can even declare personal bankruptcy if you are in a real mess.
Ofcourse you need to evaluate the consequences of forclosing or declaring bankruptcy.
Wall Street executives are cahsing in millions of dollars in bonuses while filing for bankruptcy. This is how the system works in a capitalist country. There is no place for morals and ethics in capitalism. It's all about playing by the rules.
I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
Foreclosing on your house is asolutely legal in the USA. You can even declare personal bankruptcy if you are in a real mess.
Ofcourse you need to evaluate the consequences of forclosing or declaring bankruptcy.
Wall Street executives are cahsing in millions of dollars in bonuses while filing for bankruptcy. This is how the system works in a capitalist country. There is no place for morals and ethics in capitalism. It's all about playing by the rules.
I had bought a house 2 years back thinking that i will sell it after couple of years and make money. I know many people might have done that. I didnt knwo that having a house will become a burden for me wrt moving to a different place in search of a job. I do see jobs in cities outside my state and was thinking of applying for those jobs. My problem is that if i sell my house, i will have to pay from my own pocket.
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
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immi2006
07-09 10:11 PM
This they cannot send there.... they have to take this :D
more...
sri1309
09-16 06:49 AM
5882 is scheduled for 17th.. please call calll.. we just have today..Never forget to mention "Legal".
hair Kristen Stewart and Daily Hot
arihant
05-17 12:15 PM
Hi,
I was scheduled to travel outside US this summer for about 3 months. Then dates move past my PD and I have to apply for 485 in june. I have discussed these with the lawyer and want to confirm what she is telling me:
1) I have to be in the country to apply for 485.
2) FP notice will likely arrive in 3-4 weeks. But we have 84 days to reschedule this if needed.
3) I was not planning on applying for EAD/AP at this time. However, she says that if I leave the country on H1, and 485 is approved while I am out of the country (HIGHLY unlikely but still possible), then I cannot come back into the country unless I have an AP. (This is the point that I mainly need clarification on!)
4) If I DO apply for EAD/AP then I cannot leave the country until they are approved.
5) Finally she cannot give me a timeline for how long EAD/AP would take. The service centers processing times show that they are currently processing Jan cases. Which means at least 4 months wait after applying for EAD/AP.
Does any one know if any of the first four points are wrong. If so, what is your knowledge about the point that is wrong. Also, does anyone have any idea on point 5 (i.e. how long it is taking for EAD and/or AP these days).
If you have any information, please respond ASAP, so that I can determine the best course of action before filing for 485.
I was scheduled to travel outside US this summer for about 3 months. Then dates move past my PD and I have to apply for 485 in june. I have discussed these with the lawyer and want to confirm what she is telling me:
1) I have to be in the country to apply for 485.
2) FP notice will likely arrive in 3-4 weeks. But we have 84 days to reschedule this if needed.
3) I was not planning on applying for EAD/AP at this time. However, she says that if I leave the country on H1, and 485 is approved while I am out of the country (HIGHLY unlikely but still possible), then I cannot come back into the country unless I have an AP. (This is the point that I mainly need clarification on!)
4) If I DO apply for EAD/AP then I cannot leave the country until they are approved.
5) Finally she cannot give me a timeline for how long EAD/AP would take. The service centers processing times show that they are currently processing Jan cases. Which means at least 4 months wait after applying for EAD/AP.
Does any one know if any of the first four points are wrong. If so, what is your knowledge about the point that is wrong. Also, does anyone have any idea on point 5 (i.e. how long it is taking for EAD and/or AP these days).
If you have any information, please respond ASAP, so that I can determine the best course of action before filing for 485.
more...
mrsr
06-27 10:51 PM
PO box varies with type of application you are sending
hot Kristen Stewart Goes Glam For
chandooo
09-21 11:22 AM
I used the format below:
Dear Officer,
My case has been pending since September 2007. Below are the steps I have taken till now in order to get a decision on my case:
1: Initiated enquiry through my attorney.
2: Opened a service request with USCIS (Got an invalid response of no visa numbers available)
3: Made an Infopass appointment with an immigration officer.
None of the above has resulted in any clarity towards my case status.
Below are my case details- (Myself & spouse)-
Applicant name:
Application type: I-485
Category: Employment based EB2 (India)
Priority date:
Receipt number:
Spouse details:
Applicant name:
Application type: I-485
Category: Employment based EB2 (India)
Priority date:
Receipt number:
I had the following questions on my case:
1: As my priority date is current, has my case been assigned to an Immigration officer.
2: When can I expect a decision to be made on my case as my case is pre-adjudicated.
If you need any additional details from me, I can be reached at email or phone @ phone number.
Regards,
iam sending the email to i opened sr and contacted congressman too iam just curious about how long this will take
Dear Officer,
My case has been pending since September 2007. Below are the steps I have taken till now in order to get a decision on my case:
1: Initiated enquiry through my attorney.
2: Opened a service request with USCIS (Got an invalid response of no visa numbers available)
3: Made an Infopass appointment with an immigration officer.
None of the above has resulted in any clarity towards my case status.
Below are my case details- (Myself & spouse)-
Applicant name:
Application type: I-485
Category: Employment based EB2 (India)
Priority date:
Receipt number:
Spouse details:
Applicant name:
Application type: I-485
Category: Employment based EB2 (India)
Priority date:
Receipt number:
I had the following questions on my case:
1: As my priority date is current, has my case been assigned to an Immigration officer.
2: When can I expect a decision to be made on my case as my case is pre-adjudicated.
If you need any additional details from me, I can be reached at email or phone @ phone number.
Regards,
iam sending the email to i opened sr and contacted congressman too iam just curious about how long this will take
more...
house Kristen Stewart, aka Bella
gg10004
07-09 07:07 PM
The message no longer appears on USCIS portal now.
I think they are reading our portals:)
I think they are reading our portals:)
tattoo Kristen Stewart in
never_giveup
09-10 10:41 AM
Called almost everyone on the list and urged for support.
To all others like me, who are hesitant and are not sure about the talking points. Below is something that can help.
You would most likely be talking to a person taking messages and not the congressman/woman directly.
And you also dont have to explain them the details of the bill, as they are very well aware of it. All you have to tell them is it is about HR5882.
After one or 2 calls, my message was standardized and this is what I used in all the calls.
Good Morning. I am calling in regards to the bill HR5882. (Pause for the other person to give you a go ahead and then continue). I would like to express my support for the bill and would like to request the support of Congressman/woman for the bill. If you can pass the message to the Congressman/Woman, that will be greatly appreciated.
Thank You and have a Great Day.
Some of the offices will ask you for your phone number and address, go ahead and give it to them. No harm.
And some might ask you where you are calling them from. My reply to them was - I am calling from the state of VA. I also reached out to my district's congressman, but also wanted to request the support of Congressman XXXX and so am calling your office.
I was initially hesitant and was not sure as to how to put it together, but it was real eazy and quick. After some calls, I even called up people who do not suppor this like Steve King, etc. It was only a matter of a call and letting them know our opinion. All that I lost was 2 minutes of my time and no money for my unlimited phone plan.
Not sure how much help it will be, but surely cannot hurt. It would atleast draw their attention due to the large call volume. Yes, some offices told me that they were receiving lot of calls for this bill.
So go on... do your part.
To all others like me, who are hesitant and are not sure about the talking points. Below is something that can help.
You would most likely be talking to a person taking messages and not the congressman/woman directly.
And you also dont have to explain them the details of the bill, as they are very well aware of it. All you have to tell them is it is about HR5882.
After one or 2 calls, my message was standardized and this is what I used in all the calls.
Good Morning. I am calling in regards to the bill HR5882. (Pause for the other person to give you a go ahead and then continue). I would like to express my support for the bill and would like to request the support of Congressman/woman for the bill. If you can pass the message to the Congressman/Woman, that will be greatly appreciated.
Thank You and have a Great Day.
Some of the offices will ask you for your phone number and address, go ahead and give it to them. No harm.
And some might ask you where you are calling them from. My reply to them was - I am calling from the state of VA. I also reached out to my district's congressman, but also wanted to request the support of Congressman XXXX and so am calling your office.
I was initially hesitant and was not sure as to how to put it together, but it was real eazy and quick. After some calls, I even called up people who do not suppor this like Steve King, etc. It was only a matter of a call and letting them know our opinion. All that I lost was 2 minutes of my time and no money for my unlimited phone plan.
Not sure how much help it will be, but surely cannot hurt. It would atleast draw their attention due to the large call volume. Yes, some offices told me that they were receiving lot of calls for this bill.
So go on... do your part.
more...
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gccovet
10-30 04:07 PM
^^^^ Bump^^^^
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rongch60
10-27 03:12 AM
I have two approved I-140 (NIW/TSC 06/2006 and EB1A/NSC 07/2009) and a
pending I-485/TSC from 2007. I went infopass two weeks ago, and was told
that my I-485 was pre-adjudicated and assigned to IO on 08/2009. The
infopass officer kindly sent an e-mail to my IO requesting for update.
Yesterday, I received a letter saying "We are actively processing this case.
However, we have to perform additional review on this case and this has
caused a longer processing time. If you do not receive a decision or other
notice of action from us within 6 months of this letter, please call
customer service at the number provided below."
Does anyone received a similar letter? Is it just some letter or some problem
with my case. I have been in this country for 11 years, used up all 6 years
of H1b, renewed EAD three times, and tried service request, called IO, wrote
to Senators/first lady. Not sure what else I can do...
pending I-485/TSC from 2007. I went infopass two weeks ago, and was told
that my I-485 was pre-adjudicated and assigned to IO on 08/2009. The
infopass officer kindly sent an e-mail to my IO requesting for update.
Yesterday, I received a letter saying "We are actively processing this case.
However, we have to perform additional review on this case and this has
caused a longer processing time. If you do not receive a decision or other
notice of action from us within 6 months of this letter, please call
customer service at the number provided below."
Does anyone received a similar letter? Is it just some letter or some problem
with my case. I have been in this country for 11 years, used up all 6 years
of H1b, renewed EAD three times, and tried service request, called IO, wrote
to Senators/first lady. Not sure what else I can do...
more...
makeup new-moon-rob-kristen-set.jpg
aroranuj
01-09 11:51 AM
Over the past couple of days I have had 10 of my friends/colleagues who have signed the letter and they have been mailed out to the president. I also have copies of them to mail out to IV once I have all that I can get..
I plan to call my Senators & Congressman's office's today too. I believe we need to get through to our friends and colleagues and talk about the issues in this letter. I have yet to come across one person who does not agree that our situation needs the attention of the administration.
I know I can get a few more of these letters signed by the end of this week.
Anyone out there who has more letters going out??:D
Lets have some healthy competition!
I plan to call my Senators & Congressman's office's today too. I believe we need to get through to our friends and colleagues and talk about the issues in this letter. I have yet to come across one person who does not agree that our situation needs the attention of the administration.
I know I can get a few more of these letters signed by the end of this week.
Anyone out there who has more letters going out??:D
Lets have some healthy competition!
girlfriend Kristen Stewart was spotted
anotherone
01-29 05:14 PM
ofcourse, all employees are protected against discrimination based on religion, gender etc.,
that was not my point.
I understand that a company CAN refuse to hire someone based on their visa status, such as h1, f1, and that is legal.
But EAD is a different matter. It is not a visa. when the AOS is pending it is like a precursior to a GC and has similar rights or whatever
I was trying to clarify if it is legal to refuse employing someone based on their EAD when their AOS is pending.
that was not my point.
I understand that a company CAN refuse to hire someone based on their visa status, such as h1, f1, and that is legal.
But EAD is a different matter. It is not a visa. when the AOS is pending it is like a precursior to a GC and has similar rights or whatever
I was trying to clarify if it is legal to refuse employing someone based on their EAD when their AOS is pending.
hairstyles Crop of Kristen Stewart as a
abuddyz
01-08 09:55 AM
Dear Smisachu/ and others:
I was also planning to go to Kolkata this summer to extend my H1B for another 3 years. Now, I am so scared reading all about the PIMS verification; delay of issuing visas; and returning passports. I am also sacred because I did not apply for any AP because at the time of applying for my 485 my H1B was valid (in fact it is valid till July 08).
So, what would you guys advise me to do:
(1) Go to Kolkata (with my 485 receipt notice, original) and return before my
current H1B expires in July 08? Or, (2) apply for an AP (it is my understanding that AP is rejected by USCIS if someone has a valid H1B)? Please advise. Thanks.
this is my thinking... number of cases which are getting delays due to this PIMS check should be considerably less when we calculate in terms of percentage... all the persons who are getting passport quickly may not be coming to these forums as they will be busy in their India trip (though there are few people who posted and I salute them). And I guess whose passport get delayed .. most of those must be coming to such forums... so in terms of percentage it might be 10% or less of cases.. so if we decide to go for stamping, there will be risk of passport delay but the probability will be less...
these are just my thoughts.. no other source of information.
I was also planning to go to Kolkata this summer to extend my H1B for another 3 years. Now, I am so scared reading all about the PIMS verification; delay of issuing visas; and returning passports. I am also sacred because I did not apply for any AP because at the time of applying for my 485 my H1B was valid (in fact it is valid till July 08).
So, what would you guys advise me to do:
(1) Go to Kolkata (with my 485 receipt notice, original) and return before my
current H1B expires in July 08? Or, (2) apply for an AP (it is my understanding that AP is rejected by USCIS if someone has a valid H1B)? Please advise. Thanks.
this is my thinking... number of cases which are getting delays due to this PIMS check should be considerably less when we calculate in terms of percentage... all the persons who are getting passport quickly may not be coming to these forums as they will be busy in their India trip (though there are few people who posted and I salute them). And I guess whose passport get delayed .. most of those must be coming to such forums... so in terms of percentage it might be 10% or less of cases.. so if we decide to go for stamping, there will be risk of passport delay but the probability will be less...
these are just my thoughts.. no other source of information.
rodnyb
03-31 08:21 PM
Yes, I mean EB5. Another not, DOS/CIS waited till now as it takes some months to get a trend, as it seems CIS is cracking down on EB1C since later last year, and it took some time to see EB1 usage fall off and is plateauing now.
I wish 12K is for 6 months only, and that 24K total this year will surely clear all pre-07/2007 EB2 I/C. However, it seems as unlikely, I looked at historic EB1 approvals on DOS statistics page, EB1 has about 40K quota, their usage
2002 16K
2003 14K
2004 18K
2005 21K
2006 24K
2007 30K
2008 39K
2009 42K
2010 41K
So even if we think all surge after 2006 is due to abuse use of EB1C of india bodyshops, EB1 will still use about 24K, which left about 16K for EB2. I am sure those bodyshop ppl will apply under EB2 now, and I hate to say, but EB2 after 07/2007 seems still a daunting task, only visa recapture will help.
Do you mean 8K from EB5?
I wish 12K is for 6 months only, and that 24K total this year will surely clear all pre-07/2007 EB2 I/C. However, it seems as unlikely, I looked at historic EB1 approvals on DOS statistics page, EB1 has about 40K quota, their usage
2002 16K
2003 14K
2004 18K
2005 21K
2006 24K
2007 30K
2008 39K
2009 42K
2010 41K
So even if we think all surge after 2006 is due to abuse use of EB1C of india bodyshops, EB1 will still use about 24K, which left about 16K for EB2. I am sure those bodyshop ppl will apply under EB2 now, and I hate to say, but EB2 after 07/2007 seems still a daunting task, only visa recapture will help.
Do you mean 8K from EB5?
snathan
04-27 01:39 AM
I totally agree with you. H1b and employment based GC's are so intertwined that they are almost inseparable. For example, you can get H1b extension based on your pending/approved PERM labor or your approved I-140 application. So, any change to H1b will in some way impact the GC process. I'm all for closing the loop holes in H1b provided certain reforms are also made in the EB green card process- like removing per country quotas and may be give EAD upon I-140 approval.
But do you believe they will do any good for us or they are really interest to protect us. Their aim is to divide and rule.
But do you believe they will do any good for us or they are really interest to protect us. Their aim is to divide and rule.