PlainSpeak
04-15 09:47 AM
Now you are telling the real reason :)
2 yrs wait?? Its been 4 yrs and yet to file 485
Fortunately you are one among the minorities that oppose this proposal. I am glad that IV has this proposal as part of its agenda
Whether i am a minority and whether i am a majority does not make any difference.
If you want legal speak then ...
Giving GC to STEM graduates is not the right way. If US needs to keep these educated people in US then US needs to make sure these educated people get an H1B without any issues and then they are on the path to GC like everyone else because H1B is a dual intenet visa. Jumping from a F1 visa to a GC visa is not correct as F1 visa is not a immigration intenet visa
If you want plain speak then ...
Why should STEM graduates have it easy when a H1B has to struggle and wait in liner to get a GC.
I would agree to this only is the requirement is made so that only PHD and scientist who have atleats acouple of research papers published be given GC and not every Tom, Dick and harry who completes 4 years engg degree in india from a 2 bit university and whose parents have money and uses this money to pay for 2 years MS.
2 yrs wait?? Its been 4 yrs and yet to file 485
Fortunately you are one among the minorities that oppose this proposal. I am glad that IV has this proposal as part of its agenda
Whether i am a minority and whether i am a majority does not make any difference.
If you want legal speak then ...
Giving GC to STEM graduates is not the right way. If US needs to keep these educated people in US then US needs to make sure these educated people get an H1B without any issues and then they are on the path to GC like everyone else because H1B is a dual intenet visa. Jumping from a F1 visa to a GC visa is not correct as F1 visa is not a immigration intenet visa
If you want plain speak then ...
Why should STEM graduates have it easy when a H1B has to struggle and wait in liner to get a GC.
I would agree to this only is the requirement is made so that only PHD and scientist who have atleats acouple of research papers published be given GC and not every Tom, Dick and harry who completes 4 years engg degree in india from a 2 bit university and whose parents have money and uses this money to pay for 2 years MS.
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reedandbamboo
09-13 11:36 PM
1) Since the letter refers to "we" (the legal immigrants), should we be individually signing the letter?
2) Are we going to provide our mailing address as well as email IN THE EVENT that there will be a response to our questions?
3) What happens if there is no response?
4) In the letter, I said action must be taken in the remaining 15 days .. BUT HOW CAN ANYTHING BE DONE AS THE STANDARD RESPONSE IS "the annual quota is exhausted" ??? i.e., there are no more visas to allocate!!
2) Are we going to provide our mailing address as well as email IN THE EVENT that there will be a response to our questions?
3) What happens if there is no response?
4) In the letter, I said action must be taken in the remaining 15 days .. BUT HOW CAN ANYTHING BE DONE AS THE STANDARD RESPONSE IS "the annual quota is exhausted" ??? i.e., there are no more visas to allocate!!
number30
05-11 02:03 PM
I also looked around for subLC, could not get one and had the same state of mind. I was not willing to take risk for it, like leaving my current job etc. so I know first hand the exact state of mind.
regarding ur post: the point u r missing is the lcSUB was legal till middle of july 2007. It is not any more. At this point, it is like crying over something which is stopped 2 years back.
if you think from a balanced mind, that "visa recapture" and "end of discrimiation based on country of birth" can end woos to all of us.
As far as your argument for under representated countries, yes they do have visa lotterry and for your kind knowledge, india is not listed for this.
Lastly, would appreciate if you can update your profile and make some educated arguments.
Yes it was stopped in 2007. But it still has its shadow. Back in India Did you leave in area where there was shortage of water? All I said is do not call them as jealous. They have valid grievances. If they want they can fight.
Profile is not needed for an educated guess. Any way I became a citizen last week.
regarding ur post: the point u r missing is the lcSUB was legal till middle of july 2007. It is not any more. At this point, it is like crying over something which is stopped 2 years back.
if you think from a balanced mind, that "visa recapture" and "end of discrimiation based on country of birth" can end woos to all of us.
As far as your argument for under representated countries, yes they do have visa lotterry and for your kind knowledge, india is not listed for this.
Lastly, would appreciate if you can update your profile and make some educated arguments.
Yes it was stopped in 2007. But it still has its shadow. Back in India Did you leave in area where there was shortage of water? All I said is do not call them as jealous. They have valid grievances. If they want they can fight.
Profile is not needed for an educated guess. Any way I became a citizen last week.
2011 Model: Used Oldsmobile 442 for
npatel
04-25 08:05 AM
I completed my MS in Computer Science from US around 6 years back, was on OPT for a year & thereafter moved out of US and came back to my home town. Have been working here for 6 years now as in the software field & have now applied for H1B under masters Quota. Was wondering if I am eligible to apply under this quota as I am neither a fresh graduate nor have any status in the US. Also, my lawyer has only filled out the I-129 form. Is there any special form that needs to be filled out to be considered for Master's quota?
Please reply�
You are eligible to apply under masters quota. There is no special form for the masters cap. However, lets hope that your attorney has checked the box of h1b for "US Masters" and send application to USCIS with ATTN: H-1B U.S. Masters Cap
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3df261151e821110VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Please reply�
You are eligible to apply under masters quota. There is no special form for the masters cap. However, lets hope that your attorney has checked the box of h1b for "US Masters" and send application to USCIS with ATTN: H-1B U.S. Masters Cap
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3df261151e821110VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
jsb
08-21 04:11 PM
Yes, I agree. Preadjudication by no means, is a confirmed decision. It is just do as much as possible, but when the time comes, re-review the case - which can result in RFE for anything. Nothing is confirmed until decison is made. Be positive and hope for the best...
newbie2020
02-27 07:52 AM
Here is the dilemma.... The Idea is great...It can change our lives But if we sit on the idea for long it will rot So DO WE TAKE ACTION or LET US WAIT FOR CORE TO COME UP WITH SOLUTION. I would suggest we form a small committee or group of people who can brainstorm and come up with possible course of actions and then present the idea to core.
This is similar to House->Judiciary committee -> Immigration sub Committee
idea is to analyze the situation and come up with the best solution rather than waiting for
CORE to act on.
This is similar to House->Judiciary committee -> Immigration sub Committee
idea is to analyze the situation and come up with the best solution rather than waiting for
CORE to act on.
more...
WaitingForMyGC
07-17 09:08 PM
Great JOB, IV. You are the best.
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let007live4ever
06-05 10:21 AM
If someone has Masters from Online Universities like, University of Phoneix or Devry, do they count towards the Masters Cap?
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snddlth
08-13 10:23 PM
Can anyone provide me pointers to discussions on INFOPASS appointment? I've taken an appointment today and I would like to know your experience.
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PlainSpeak
04-15 09:04 PM
PlainSpeak...F1 are not burden to US, they pay big college fees for the education.
You know who is real burden, thats H4 visa holders like you. who have nothing to do. they just sit home eat and fight.
you are a classic example of burden to the society.. you are spending all the time here and fighting with everyone.
if anyone starts talking about anything, you just come and start fighting.
Jet
Wonder full now EB2 is against H4 visa also beside BE3 ?
You know who is real burden, thats H4 visa holders like you. who have nothing to do. they just sit home eat and fight.
you are a classic example of burden to the society.. you are spending all the time here and fighting with everyone.
if anyone starts talking about anything, you just come and start fighting.
Jet
Wonder full now EB2 is against H4 visa also beside BE3 ?
more...
jignesh5
07-17 07:07 PM
i know we desis.. once our work is done .. we will not turn back to IV again...
PLEASE do not do that..
PLEASE do not do that..
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RandyK
12-03 09:54 PM
Bump...
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unitednations
07-20 12:00 PM
I'd be happy if I got a second opinion (my lawyer's is the first) on this issue:
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
I am ready to file for my AOS(I-485) for the second time based on my employers I-140 petition and would like someone (unitednations ?) to see if there are any possible gotchas.
Chronology
========
#1 May 2001 - Come to US on H1B (California) I-94 valid till Nov 2003
#2 Oct 2001 - Change employers and get a H1 transfer (California) New I-94 valid till Feb 2004
#3 Nov 2002 - Fall in love with an American girl
#4 Dec 2002 - Quit job and move to Michigan to be with girlfriend (Out of status)
#5 March 2003 - Find job in MI, employers lawyer botches my H1 transfer / extension (Out of status)
#6 October 2003 - Fall out with employer and quit.
#7 November 2003 - Marry girlfriend (Out of status)
#8 April 2004 - Wife files I-130/I-485/I-765 (AOS Pending status)
#9 April 2004 - Find a new employer "X" and start working for him
#10 June 2004 - Wife and I have irreconcilable differences and I separate, later file for divorce
#11 June 2004 - "X" petitions for new H1B for me for FY-2005 starting in Oct.
#12 July 2004 - leave US and go back to homeland, get new H1 visa stamped with expiration date of June 2007
#13 Sept. 2004 - Come back to the US with new H1 visa stamp and get new I-94 (exp. June 2007) -----> Fresh start, eh ?
#14 Nov 2004 - Divorce final
#15 Dec 2004 - "X" files Labor RIR EB3. PD is Dec 2004
#16 Dec 2005 - "X" files labor PERM EB2. PD is Dec 2005
#17 Feb 2006 - PERM labor EB2 approved
#18 March 2006 - Voluntarily went to local CIS office and withdrew old I-485. Proof of withdrawal obtained.
#19 June 2006 - EB2 I-140 filed with copy of labor (Still pending) Obtained receipt
#20 Oct 2006 - EB3 labor approved from backlog center
#21 May 2007 - File for 7th year H1B extension
#22 Jun 2007 - EB3 I-140 filed (Still pending). Obtained receipt
#23 Jul 2007 - H1B Extension approved (new I-94 with expiration of Jun 2008)
#24 Jul 2007 - Ready to file I-485 concurrent with EB3 I-140
Since 2004 I have maintained valid non-immigrant status (I think). Will I have any issues with accrual of out of status / unlawful stay based on my actions above ?
As you can see, mine is not a straightforward case.
The million dollar question : Based on my actions in steps #4 thru #10, is there a chance that my new I-485 will be adversely affected ? If so, is there anything that anyone can tell me to remedy/rectify the situation to avoid it ?
Thanks !
From february 2004 (expiry date of i-94 card) until april 1994 it looks like you accrued unlawful presence. The unlawful presence stopped when you filed the 485.
The unlawful presence was wiped out when you left and re-entered usa (the 3 year bar didn't kick in because the unlawful presence was less then 180 days).
You will be fine.
Just be truthful that you filed 485 before; you had divorce and all the employers that you worked with. Only thing they can get you on is if you try to embelish or hide things even though they were forgiven when you left and re-entered.
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Green.Tech
05-10 04:29 PM
Folks, which part of staying united aren't we understanding? What is the point in reviving old issues? BTW, I do not have a substituted labor or haven't ported from EB-3 to EB-2. As long as we keep these divisive issues at the forefront, it will be tough for us to rise as one 'united' force to tackle the 'real' issues that the highly skilled community is facing. Let's focus on IV's agenda and that will help us to achieve what we all are aiming for - a GC. Shun issues that will help 'me', rather focus on issues that will help 'us'.
more...
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dasrik
07-17 09:50 PM
Thanks for the IV core team, and all others who helped to achieve this victory. I am just couple of days old member on IV but realized the importance of supporting IV for addressing the issues concerning our immigration community. I also contributed my donation as a token of my support. IV rocks!
Thanks a lot to all members for being with us in this struggle. We have tasted our first big success this year. Credit goes to each and every IV member. We were all affected by the visa bulletin fiasco and this is our victory. This is a victory for all our members and we must rejoice.
IV had worked very hard and had been pushing for this in the background. Our flower campaign, rally and other advocacy efforts all came together and helped us at a crunch time. We thank members that sent flowers and also walked in the San Jose heat for 4 hours. All that really shows our commitment to this cause.
We are happy that our efforts are successful and IV has been able to make a difference. Please also know that during this effort, IV was extremely active and decision makers heard our voice. We cannot give out all the details but what IV members should know is that these efforts should make each one of us proud and what we can do if we have a firm resolve. We were also the first to break this news even before anyone else or media could, and continued to update our members as time passed.
IV also thanks its contributing members and it is because of their contributions we were able to continue this effort. Many thanks to the members that are contributing now after this good news.
Please continue your support for this organization and be an integral member of this ever growing community, so that this journey can continue and we can end retrogression and have immigrationvoice as our voice.
Team IV
Thanks a lot to all members for being with us in this struggle. We have tasted our first big success this year. Credit goes to each and every IV member. We were all affected by the visa bulletin fiasco and this is our victory. This is a victory for all our members and we must rejoice.
IV had worked very hard and had been pushing for this in the background. Our flower campaign, rally and other advocacy efforts all came together and helped us at a crunch time. We thank members that sent flowers and also walked in the San Jose heat for 4 hours. All that really shows our commitment to this cause.
We are happy that our efforts are successful and IV has been able to make a difference. Please also know that during this effort, IV was extremely active and decision makers heard our voice. We cannot give out all the details but what IV members should know is that these efforts should make each one of us proud and what we can do if we have a firm resolve. We were also the first to break this news even before anyone else or media could, and continued to update our members as time passed.
IV also thanks its contributing members and it is because of their contributions we were able to continue this effort. Many thanks to the members that are contributing now after this good news.
Please continue your support for this organization and be an integral member of this ever growing community, so that this journey can continue and we can end retrogression and have immigrationvoice as our voice.
Team IV
dresses Model: Used Oldsmobile 442 for
buehler
06-18 08:32 AM
If you're worried, the easiest thing to do is to have the name changed in the passport. The Consulate doesn't ask for any questions and issues the new passport within a day. For my friend, the first name and the last name were interchanged and getting the new passport was a breeze.
more...
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americandesi
11-11 02:48 PM
Though I am a single, I can understand agony you�re going through. Your nanny had committed a crime which is a felony punishable by jail term followed by deportation for life.
Since your baby is a non-immigrant victim of violence that had violated U.S. laws and had occurred in the United States, check with a qualified immigration attorney on weather you qualify for a "U Visa" which provides temporary immigration benefits to victims who help law enforcement.
http://www.uscis.gov/files/pressrelease/U-visa_05Sept07.pdf
http://www.immigration.com/newsletter1/uvisareminder.pdf
Don�t just walk away from this before even consulting with an attorney.
Since your baby is a non-immigrant victim of violence that had violated U.S. laws and had occurred in the United States, check with a qualified immigration attorney on weather you qualify for a "U Visa" which provides temporary immigration benefits to victims who help law enforcement.
http://www.uscis.gov/files/pressrelease/U-visa_05Sept07.pdf
http://www.immigration.com/newsletter1/uvisareminder.pdf
Don�t just walk away from this before even consulting with an attorney.
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rajuseattle
04-14 09:02 PM
snathan,
Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.
Following link suggest that labor substitution should not grant PDs.
http://www.greencardapply.com/news/news05/news05_0308.htm
Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?
You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
Here is something i found on the web for the interpretation of labor sub cases, the original PD stays with original beneficiary, but when the labor certification is used for another beneficiary then USCIS should allocate the new I-140 filing date as PD, not the original LC date.
Following link suggest that labor substitution should not grant PDs.
http://www.greencardapply.com/news/news05/news05_0308.htm
Can IV bring up this issue with USCIS contacts and see whats their interpretation of this rule?
You wont belive but the labor sub was a big mess and thanks god both USCIS and DoL realised this rule being abused and scrap it, but i am pretty sure the sub labor filed in July 2007 fiasco is clogging india EB-3 PD and it will remain at that level for next 2-3 yrs.
hairstyles Olds 442 Literature Wanted.
greenleaf81
08-13 02:26 AM
Guys I am strained with being my employer and making own food!
Please send all your excess farm Produce to me :D
Please send all your excess farm Produce to me :D
SA EB3 Retro
08-14 10:07 AM
Did the Checks get cashed.!!!
Quote:
Originally Posted by SA EB3 Retro
Signature has all relevant information. I-140 was approved August 2005.
Quote:
Originally Posted by SA EB3 Retro
Signature has all relevant information. I-140 was approved August 2005.
sanjay
08-13 01:54 PM
I am confused now!:D
I thought that with the Sept 2009 bulletin ( PD shifted to 01 Jan 2005 for EB2 India), my PD is current!
Am I missing something?
Best
Fred
Of course Fred. Your PD will be current in next month September. So, they should be approving cases from Sept. 1 and not now.
Is TSC again playing a false sport as they did last year by consuming most of the numbers by giving GC to 2006 filers ?
It's actually more scary to me. May be again the deserving candidates will have to wait for another spill over next year.
Congratulations. No complaints for you, though.
I thought that with the Sept 2009 bulletin ( PD shifted to 01 Jan 2005 for EB2 India), my PD is current!
Am I missing something?
Best
Fred
Of course Fred. Your PD will be current in next month September. So, they should be approving cases from Sept. 1 and not now.
Is TSC again playing a false sport as they did last year by consuming most of the numbers by giving GC to 2006 filers ?
It's actually more scary to me. May be again the deserving candidates will have to wait for another spill over next year.
Congratulations. No complaints for you, though.
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