puvathoor
02-17 11:02 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
bidhanc
07-23 08:32 AM
Hi,
Would like to throw some more ideas;
You should keep in mind that with this economy there is no guarantee of your job (my personal experience).
If you want to stay in this country and that is one of your foremost desires/aim
then in my opinion it is always better to aim for the GC and then do whatever you have to do.
If you have option of going back to your home country and do not mind (due to job loss or other situation) then by all means go for career.
Good Luck.
Would like to throw some more ideas;
You should keep in mind that with this economy there is no guarantee of your job (my personal experience).
If you want to stay in this country and that is one of your foremost desires/aim
then in my opinion it is always better to aim for the GC and then do whatever you have to do.
If you have option of going back to your home country and do not mind (due to job loss or other situation) then by all means go for career.
Good Luck.
nomorelogins
11-08 03:18 PM
The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
I agree. given that they process close to 600K green cards per year, we should all be current by this report.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
I agree. given that they process close to 600K green cards per year, we should all be current by this report.
Canuck
02-03 01:50 AM
People,
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
more...
iamlost
07-24 09:59 PM
Hi all,
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
psam
12-16 10:58 AM
Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?
I took usual 20/25 days. Dont exactly remember.
I took usual 20/25 days. Dont exactly remember.
more...
jonty_11
01-15 02:25 PM
els.edu guys are very slow is responding....
Anyone appeared for IELTS test from els.edu location apart from those mentioned on this link for USA.
http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4
Anyone appeared for IELTS test from els.edu location apart from those mentioned on this link for USA.
http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4
thescadaman
03-24 12:53 PM
Nice interview. Thanks Mark! I enjoyed your responses. You were well prepared with facts to support your points.
more...
Wendyzhu77
05-21 05:07 PM
This is a very very special case, and using this case to prove the need for maintaining H1 is very shaky.
If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
bigboy007
12-10 02:56 PM
Please consider contributing IV...IV need your help to resolve our immigration problems.
http://immigrationvoice.org/forum/showthread.php?t=15905
Oh definately no worries i am going to contribute + i have requested 20 of my friends to join IV and participate the funding drive. I am comitted to IV
any more ideas on my question please reg. 140 porting i am not sure .. and if we dont have to intimate USCIS. Help me out
http://immigrationvoice.org/forum/showthread.php?t=15905
Oh definately no worries i am going to contribute + i have requested 20 of my friends to join IV and participate the funding drive. I am comitted to IV
any more ideas on my question please reg. 140 porting i am not sure .. and if we dont have to intimate USCIS. Help me out
more...
psam
03-09 07:31 PM
Hopefully you get a different officer. In my case they officer stamped I-551 on passport which was valid for six months for travel purpose and 1 year for employment.
Other online links suggest to talk with your congressperson so see if you get lucky.
Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)
Other online links suggest to talk with your congressperson so see if you get lucky.
Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)
acecupid
06-25 11:29 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Elaine,
Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.
Elaine,
Thanks for your response. I am very curious to know if you have been successful in responding to an RFE in the manner you mentioned and USCIS accepted the agrument and continued with AOS for any of your clients. I understand that given the circumstances the OP does not have much of an option since he does not have a job right now. But it would be interesting to know if USCIS has accepted such an argument in the past.
more...
reachinus
10-31 10:20 AM
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
clear485
06-08 01:53 PM
I did think about doing it this way, but it didn't feel the "right thing to do"...
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...
My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I did consult Murthy....she is good and will give you better solution....few of my friends used her law firm and resolved few complex queries....I have heard from my friend she is very good at document preparartion for real complex problems...
My suggestion is, better go to her office if you are in tri-state area....if you use her service then she will waive $250 in legal fee....
more...
kabeer_g
01-12 01:54 PM
best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
shivaz90
07-16 10:40 PM
It's pretty strange..I really don't understand...why the entire credit is either being given to IV...or for that matter to AILA/AILF....Everyone has contributed....
People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...
I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..
Well .. lets think for a second before trumpeting our victory here. And Victory, I mean is not achieved by one group over the other. Various groups and parties have put in thier efforts to find a resolution and to cast blame on one another is playing some childish games.
Lets leave out our passion for a second and think "logically" for a second - which one of this scares the s*** out of the USCIS people here - flower campaign or a Class action lawsuit by bunch of immigration lawyers? I am not doubting anyone's efforts here - but to say that we have achieved victory here is too early, too short sighted and blaming other groups for not doing much is silly. As much as the flower campaign help spread the word among the media of the plight of legal immigrants - the proposed lawsuit has made USCIS tremble in thier pants.
Sheikh - couldn't agree more here with you.
People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...
I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..
Well .. lets think for a second before trumpeting our victory here. And Victory, I mean is not achieved by one group over the other. Various groups and parties have put in thier efforts to find a resolution and to cast blame on one another is playing some childish games.
Lets leave out our passion for a second and think "logically" for a second - which one of this scares the s*** out of the USCIS people here - flower campaign or a Class action lawsuit by bunch of immigration lawyers? I am not doubting anyone's efforts here - but to say that we have achieved victory here is too early, too short sighted and blaming other groups for not doing much is silly. As much as the flower campaign help spread the word among the media of the plight of legal immigrants - the proposed lawsuit has made USCIS tremble in thier pants.
Sheikh - couldn't agree more here with you.
more...
tcsonly
09-07 11:13 AM
Sent email yesterday with the details to lobbyday@immigrationvoice.org, and IV-Socal co-ordinators: Drona & Ramesh.
-C.
-C.
Voetsjoeba
05-27 01:32 PM
I love this contest :beam::love: I think Festers site is the ugliest although they are all VERY close to eachother.
mk58581
06-06 04:15 PM
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
gcdreamer05
10-28 02:40 PM
Folks,
Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.
1.What are all the things to be noted while leaving the company after getting GC.
2.To be specific how long a consultant should be with company after GC is approved.
3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.
There is alreayd a thread in IV forums explaining in detail and discussing the pros and cons of this, please refer that......
Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.
1.What are all the things to be noted while leaving the company after getting GC.
2.To be specific how long a consultant should be with company after GC is approved.
3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.
There is alreayd a thread in IV forums explaining in detail and discussing the pros and cons of this, please refer that......
zCool
04-13 06:36 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
No comments:
Post a Comment