vxg
09-10 11:55 AM
One thing for sure USCIS do likes April fools day a lot as this the date they usually pick when the retrogress. This proves that a fool named DOS in love with April fools day.:)
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
I don't know if anybody has noticed it but the dates for EB-2 for VB October 2007 was April 1, 2004 and for VB October 2008 is April 1, 2003. That is a retrogression of 1 year - not good. :mad:
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saveimmigration
09-10 07:56 PM
I greatly appreciate people doing visa number math. But guys, you are wasting your time. These guys dont do any math nor logic in the process.
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chanduv23
11-20 10:25 PM
In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.
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kalinga_sena
09-01 11:10 AM
Landed here on jan 1st, 1998 (F1)
Survived 2 recessions
No hope as labour filled in eb3
Survived 2 recessions
No hope as labour filled in eb3
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pxkuma
06-02 07:32 PM
Can any you help in answering my question?
I am trying to change my job and have an approved I-140 with a priority date of August 2006. The question is if I am successful in porting my old August PD for my new I-140 applied after May 2007, would I come under this new merit system? Any help would be greatly appreciated.
I am trying to change my job and have an approved I-140 with a priority date of August 2006. The question is if I am successful in porting my old August PD for my new I-140 applied after May 2007, would I come under this new merit system? Any help would be greatly appreciated.
sri1309
09-11 07:43 PM
How do I start a new thread,
Please help,
Thanks,
Sri.
Please help,
Thanks,
Sri.
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alterego
09-14 06:30 PM
Does anyone know how to contact NPR. They have done good pieces about this in the past.
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audelinom
02-23 11:26 PM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
more...
eb3retro
09-01 04:56 PM
Landed July 1997.
Couple of contracting jobs with a desi bodyshopper(read it as a blood sucker). Believed him for almost 4 years of false promises that they will do GC processing. Finally quit the company and joined a major HMO company. Started the GC paper work in early Jan 2002. Due to the attorney screw ups, and wrong documentation, filed the labor in EB3 (did not even know that upto almost 2 years after filing, was thinking it was filed in EB2) in Jan 2003. Yes, it took 1 year for attorney's screw ups to be rectified. In that company, we were not allowed to talk directly to the lawyer and had to go thru the employer. So to get a simple answer would take 10-15 days. Wish IV was there then. Waited in Labor Processing for 4+years. 140 approved in early 2007. Filed 485 in july fiasco and got EAD, from then changed 2 jobs (got that freedom atleast). Per my own estimate, I should be receiving my GC sometimes in 2015. Current employer will not do GC processing , so no chance of filing for Eb2. I dont want to change employers even if it costs my GC, because, I am enjoying the work that I am doing. And in my opinion thats important because, I would rather be in a job that I enjoy more without GC than being in a job that I do not like with GC. So, 13 years and still going. Completed PMP, MBA meanwhile. Thats my story.
Couple of contracting jobs with a desi bodyshopper(read it as a blood sucker). Believed him for almost 4 years of false promises that they will do GC processing. Finally quit the company and joined a major HMO company. Started the GC paper work in early Jan 2002. Due to the attorney screw ups, and wrong documentation, filed the labor in EB3 (did not even know that upto almost 2 years after filing, was thinking it was filed in EB2) in Jan 2003. Yes, it took 1 year for attorney's screw ups to be rectified. In that company, we were not allowed to talk directly to the lawyer and had to go thru the employer. So to get a simple answer would take 10-15 days. Wish IV was there then. Waited in Labor Processing for 4+years. 140 approved in early 2007. Filed 485 in july fiasco and got EAD, from then changed 2 jobs (got that freedom atleast). Per my own estimate, I should be receiving my GC sometimes in 2015. Current employer will not do GC processing , so no chance of filing for Eb2. I dont want to change employers even if it costs my GC, because, I am enjoying the work that I am doing. And in my opinion thats important because, I would rather be in a job that I enjoy more without GC than being in a job that I do not like with GC. So, 13 years and still going. Completed PMP, MBA meanwhile. Thats my story.
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chanduv23
11-20 08:54 PM
I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer
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achiever2001
07-20 03:05 PM
Guys,
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!
A Total I-485 Applicants: 750000 Applicants
B Each EAD processing time: 5 Minutes
C Total processing hrs: 62500 Hours
(Calculations: AxB/60)
D Daily productive Hours: 5 Hours
(It is a government body!)
E Total Man Days (Business Days): 12500 Man Days
(Calculations: C/D)
F EAD Workforce: 30 People
G Total Business Days: 417 Days
(Calculations: E/F)
H Average Business Days in a month: 21 Days
I Total Clearing Time : 20 Months
(Calculations: G/I)
So what are trying to prove ? Generally i dont respond but this just shows that you have a lot of time. Why dampen people's spirits by such post or why try to say that whatever IV has done is a waste. That is what i get from what you have posted. If you are cynical, keep it to your own self, dont start such negative threads. Dont know you and this is not a personal attack but think twice before you create such posts, because they are disheartening for many (including me) who are so frustrated that they can believe any thing negative. Chill out and let us enjoy the moment why we have it, if things change over the period, we are fighters, we will survive but dont add to our problems by your predictions and logic (which might be right to start with but do we tell cancer patients that they are going to die on such and such date).
No offence intended but cool off.
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vjkypally
09-10 03:48 PM
Fedup is an understatement. Zero accountability. After moving dates to 2006 now dates go back to 2003????????? Last year it started with date being at Apr 2004 and this year starts with Apr 2003????? This is beyond ridiculous!!!aaaaaaarrrghhhhhhhhhh.
P.S Its wrong to tell that guys with MS are getting their GC's before others. I have one and so do many others I know. There is no order guys...........
P.S Its wrong to tell that guys with MS are getting their GC's before others. I have one and so do many others I know. There is no order guys...........
more...
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la6470
03-07 12:44 PM
Everyone feel like giving up but none of us give up :)
I think all of us gave up - i.e gave up on our home country when we decided to settle here- there is nothing more to give up .. we are all just waiting passively for whatever destiny (USCIS and the economoy) has to hand it to us........... there is nothing to give up because nothing was yours from the beginning and nothing you will take with you when it is time to go.
I think all of us gave up - i.e gave up on our home country when we decided to settle here- there is nothing more to give up .. we are all just waiting passively for whatever destiny (USCIS and the economoy) has to hand it to us........... there is nothing to give up because nothing was yours from the beginning and nothing you will take with you when it is time to go.
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bajrangbali
06-11 11:09 AM
You must be CEO, CFO or something like that... very impressive..
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
It is not a big deal dude...if not for this immigration system, we could be making even more..think about $80-$100/hr if you are an independent contractor. This a minimum for a decent contract with vendor directly.
And if you have ~100-200K for investments, with some experience and any luck..you could be making another 100K out of it from trading and active investing in other areas. That comes to ~250-300K minimum. There are no bounds when life is free and in this great country. Unfortunately, things have turned discriminative and our potentials are being restricted(atleast for non-EAD guys) and you have to be prepared for getting outright kicked out of this country.
more...
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addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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Winner
05-12 11:30 AM
Called Senator Ensign and Hatch's office again.
They both listened to what I had to say and assured that they will pass the message on to the Senators.
One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.
They both listened to what I had to say and assured that they will pass the message on to the Senators.
One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.
more...
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sunny1000
01-10 03:28 AM
Hi everyone,
Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
Good luck to all of you.
congrats! can you please post which service center approved it? Thanks.
Just wanted to let you know that my EB3 I-140 got approved today. I am a July 2007 concurrent filer. This wait has been frustrating and I've had to let many good opportunities pass by. I had, in the last 2 months, opened 2 service requests. I am not sure if they did the jobor may be the time has come when we will see July approvals coming in hordes.
Good luck to all of you.
congrats! can you please post which service center approved it? Thanks.
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JunRN
05-29 12:33 AM
Well, so far so good for me. As per Zillow estimate, my home value is now 10k more than my purchase price. It depends on where you're buying.
I guess that when the economy starts climbing up and people starts buying houses, interest rate will also climb up to 6%. At 6%, I need to pay $400 more per month.
I guess that when the economy starts climbing up and people starts buying houses, interest rate will also climb up to 6%. At 6%, I need to pay $400 more per month.
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Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
chanduv23
05-14 03:57 PM
Does anyone know the process involved in 140 revocation? What is the INS processing fee? How much does an Attorney charge and what exactly do these employers write to USCIS?
sparky_jones
09-10 09:45 AM
Looks like last night's particle accelerator experiement sent us back in time!:D
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