simple1
05-01 04:32 PM
Take this scenario.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
Under current "mis categorized quota" setup a EB3 takes 6 years to get GC for entire family. take this following scenario.
So the diff
current primary @ebquota - 6 years minimum
current derivative @ebquota - 6 years minimum
correct primary @ebquota - less than 2 years approx ( one person in place of 3)
correct derivative @fbquota - say 7 years.
The diff will be approx 1 year for the derivative ( 7 years – 6 years ) when they are moved from ebquota to fbquota.
again it cannot be more than 7 years ( 2 years primary GC + 5 years primary USC). the primary will get citizenship in 5 years and sponser the wife with in 2 to 3 months. so the diff cannot be more that a year. for derivative.
Remember this point: this is not change of law. this is the correct interpretation of law).
If it is not today some one will bring it up to CIS very soon.
If you are USC and then you are talking abou the FB2. Not for the GC holder. So will have to wait for years.
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lord_labaku
09-16 07:24 AM
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
godspeed
02-10 04:00 PM
Hi,
Just sent money thru paypal for $51.
Transaction ID #21052831UU2493611.
I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
I pledge to make another $101 as soon as we hit $5000.00 mark.
c'mon folks dont make me wait too long for my pledge.
Thanks to those who have made the contribution.
A humble request to the newbies and casual visitors to contribute at this crucial juncture.
Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.
Just sent money thru paypal for $51.
Transaction ID #21052831UU2493611.
I know that it was requested to send in checks, so as to avoid the processing fees etc from paypal, but i thought this could be the fastest way to send money, hence hv put in $51
I pledge to make another $101 as soon as we hit $5000.00 mark.
c'mon folks dont make me wait too long for my pledge.
Thanks to those who have made the contribution.
A humble request to the newbies and casual visitors to contribute at this crucial juncture.
Freeriders, here's a chance to redeem yourself and payback for any help/information you might have got from IV.
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dskhabra
03-27 09:30 AM
We landed in Canada (Rainbow Bridge, Niagara) last week. No questions asked by Canadian immigration regarding stay in US. On the way back (Rainbow Bridge) US IO did not ask anything about 485 or Canada PR.
We filed AOS in July 2007 and have valid H1 visa in the passports. But it all depends on your luck and we had some personal reasons to land in Canada and we took the risk.
We filed AOS in July 2007 and have valid H1 visa in the passports. But it all depends on your luck and we had some personal reasons to land in Canada and we took the risk.
more...
cjain
11-01 04:48 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
amitjoey
11-17 03:47 PM
Some of us have established contacts with our local congressional office staff and built a rapport. Should we send those contacts an email with this text?
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amitjoey
07-05 05:32 PM
Dear All,
How about we all show up at DC coming Monday! What would be the most efficient and quickest process in getting everybody involved?:
Regards
VS
That has been discussed before, the required permits to assemble are not easily granted.
How about we all show up at DC coming Monday! What would be the most efficient and quickest process in getting everybody involved?:
Regards
VS
That has been discussed before, the required permits to assemble are not easily granted.
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nk2006
10-20 04:22 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?..
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
more...
Lisap
08-26 05:10 PM
I mailed my 2nd application (1st one was mailed in late June my attorney filed too soon as I was not current in June) on Aug 14th and it was received at NSC on the morning of the 15th. I 140 filed at TSC and was approved in July 2006. No checks cashed and No Receipt as of yet....
hair Cristiano Ronaldo – Marchin on
ssa
07-28 12:47 AM
It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
more...
cjagtap
08-02 02:53 PM
My 140 was approved in 10 days from TSC and my attorney sent my 485 to TSC (they send the applications to the same ctr where your 140 got approved),my 485 reached on July 2 nd..no receipt yet ,no check cashed yet..
may be we should just wait for another 10 working days.They are still working on June cases(TSC)
may be we should just wait for another 10 working days.They are still working on June cases(TSC)
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gc_aspirant_prasad
07-05 02:00 PM
AILF is ready to take the cause up, then why not ? Fragmon & Rajiv Khanna are just two opinions. I think the Congresswoman who spoke out on this issue used to be an immigration lawyer prior to taking up public office & she mentions in her letters to DHS that this may be a potential violation of the law.
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house heart, Lionel
vinnysuru
03-28 11:57 PM
Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
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feedfront
08-31 03:47 PM
I really like this idea.... Actually if north Indians didn't rule Central government in India for such a long time (before PV Narasimha Rao), south Indians would be better off in India itself !!! Then north Indians would be citizens of USA in no time, and South Indians (in India) would have been happy about it!!!
Either way, get well soon!
In this anxious moment of 'when will my number come', you guys are awesome w/ humor.
Either way, get well soon!
In this anxious moment of 'when will my number come', you guys are awesome w/ humor.
more...
pictures Best Game. Different in play
bmoni
05-01 11:32 PM
Even if we have five people agree to file this class action lets do it .....
Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.
1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.
2, Whatever the inital attorney consultion let split the consultation fee between five of us.
3, Once we have a stream lined class action in place will gather more people.
what you think ..?
I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.
1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.
2, Whatever the inital attorney consultion let split the consultation fee between five of us.
3, Once we have a stream lined class action in place will gather more people.
what you think ..?
I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
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mnkaushik
08-27 12:22 PM
Infact he says LUD on 21st was an indication of approval.
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
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makeup Football Stars - Lionel Messi,
humdesi
12-16 06:59 PM
Wouldn't count on that too much. Check how many people came in on H-1B just prior to those years. Then look at the annual per-country quota.
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
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english_august
07-09 04:53 PM
Sent the press release to local news stations in KY state. If they are interested in the story i will ask them to contact IV for more information.
maine_gc - don't just refer them to IV. Interest is primarily ours, so we have to be dogged about pursuing it. Call someone, talk to them and be persistent in conveying our issues.
maine_gc - don't just refer them to IV. Interest is primarily ours, so we have to be dogged about pursuing it. Call someone, talk to them and be persistent in conveying our issues.
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vkallank
07-20 08:31 AM
I pledge $250 towards this fund.
i have been a active member for quite some time but i wasnt aware of the financial sacrifices IV Core team was making until I read the businessweek article. i have been contributing monthly recurring payments and one time contributions as and when necessary.
Thanks to whoever started this topic to refund some of the expenses core team has met. Thanks to IV core team for their unselfish acts and sacrifices.
i shall see if i can contribute more in the near future to this fund.
i have been a active member for quite some time but i wasnt aware of the financial sacrifices IV Core team was making until I read the businessweek article. i have been contributing monthly recurring payments and one time contributions as and when necessary.
Thanks to whoever started this topic to refund some of the expenses core team has met. Thanks to IV core team for their unselfish acts and sacrifices.
i shall see if i can contribute more in the near future to this fund.
xlr8r
07-19 09:45 PM
I pledge $200.
mhtanim
05-19 01:42 PM
No FP yet either.
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