gctest
09-13 09:59 PM
july 07 filer yes.. but I have a PD of mid 2004... How in the name of almighty is that out of turn?
but you are too stupid anyway
so go home now..... and please don'y forget to pickup meds for your gonorrhea form csv pharmacy :D:D:D
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
but you are too stupid anyway
so go home now..... and please don'y forget to pickup meds for your gonorrhea form csv pharmacy :D:D:D
Are you July 07 filer who got the EAD out of turn? I bet you are.
And if you are, keep your loud mouth shut! Before you pontificate, look at people and others like you who got in and created a mess!
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Keeme
08-14 05:54 PM
USCIS should come up with strategy like if you are in US for 'X' years and if your 485 pending for 'Y' years and if you own a house worth 'XXX$' , then they should give GCs irrespective of Category(Eb1,Eb2,Eb3,Eb4 etc..)
People who can buy houses are more important to USCIS/US than people who already have bought houses.
People who can buy houses are more important to USCIS/US than people who already have bought houses.
Green.Tech
05-28 08:32 PM
Keep 'em coming!
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illusions
03-03 06:17 PM
Does any one have a best guesstimate on what the April VB will be for ROW ?
more...
paisa
07-06 03:23 PM
--- Good one :D
you mean 60k
you mean 60k
MDix
08-22 10:39 PM
I am not sure whether this applies to Master degree holder or not. Because memo says
Aliens of Exceptional Ability under section 203(b)(2) INA.
Aliens of Exceptional Ability under section 203(b)(2) INA.
more...
pkv
05-07 10:09 PM
http://www.mercurynews.com/breakingnews/ci_9186416
Congress penalizes U.S. troops, legal U.S. residents in attempt to punish illegal immigrants
By Ken McLaughlin
Mercury News
Article Launched: 05/07/2008 06:51:18 PM PDT
map loc val immig state
When Congress passed an economic-stimulus package giving hefty rebates to most taxpayers, it tried to make sure that illegal immigrants didn't get any of the cash.
But in doing so lawmakers inadvertently penalized hundreds of thousands of legal U.S. residents - and tens of thousands of U.S. troops stationed overseas - simply because their spouses lack a Social Security number.
"Imagine an American soldier in Iraq whose foreign-born wife is waiting for an immigration petition to be approved and doesn't have a Social Security card. Now the couple can't even get a rebate," said Rep. Zoe Lofgren, D-San Jose. "That is really stupid."
Others in the predicament include about a million legal residents whose spouses are still overseas because of long immigration queues and hundreds of thousands of H-1B work visa holders in Silicon Valley and elsewhere.
The scope of the problem is only now becoming clear as the government begins mailing out rebate checks. The first checks were electronically deposited in bank accounts last week.
Because illegal immigrants don't have Social Security numbers and instead routinely use "tax identification numbers," Congress banned rebates for taxpayers who use the IRS-issued numbers.
If a married couple files jointly and one spouse doesn't have a Social Security number, the couple won't get the $1,200 checks that other couples will receive. They're also ineligible for the $300 rebate per child. Many Armed Forces members stationed overseas have foreign spouses who can't get Social Security numbers.
William Luong, stationed at a U.S. naval base in Yokosuka, Japan, said his fellow seamen resent that they've landed in the same category as illegal immigrants.
"They understand the reason they're getting the shaft," said Luong, 21, who is from the Los Angeles area. "but a lot are frustrated or angry about it."
More than 288,000 troops are stationed overseas, according to the Pentagon - not counting those in Iraq and Afghanistan. Many live in places - Korea, Japan and Germany - where extended stays often result in marriages to locals.
The unintended situation developed after the House in late January passed the economic-stimulus legislation at the urging of President Bush. But anti-illegal immigration groups then lobbied the Senate to add the Social Security requirement, fearing that illegal immigrants would get their hands on the checks.
The Federation for American Immigrant Reform - whose members went on radio talk shows to bash the House version of the stimulus bill - has no apologies.
"No law was ever written that doesn't find someone falling through the cracks," said Ira Mehlman, a FAIR spokesman, who said he hoped government officials will come up with some way to help Armed Forces members.
But H-1B visa holders and legal immigrants who are being denied rebates say they want some justice, too.
"If the government collects taxes from us, we should be able to get rebates given to other legal residents, it should be a level-playing field," said Parveen Kumar, an H-1B visa holder who lives in Sunnyvale.
Kumar moved to Silicon Valley from India with his wife three years ago. He now works as an engineer at Intelliswift Software in Fremont. But his wife, Anu, is on a H-4 "dependency visa" that doesn't allow her to work.
After he found out about the rebate law, he went to the Mountain View office of the Social Security Administration and asked if he could get a number for his wife. He was told no.
John Johnston, a spokesman for the Social Security Administration, confirmed on Wednesday that the agency's policy is not to issue Social Security cards simply for the purpose of issuing tax rebates.
According to the U.S. Department of Homeland Security, there are now between 600,000 and 800,000 H-1B visa holders in the United States. Exactly how many are married to spouses ineligible to work in this country is unclear.
Another group of immigrants - about a million nationwide - are non-citizen green-card holders who are already facing seven-year waits to get permission for their spouses to immigrate to their country.
"I've been in America for well over 20 years, and I consider myself an American," said Amir Nikpouri of Orland Park, a suburb of Chicago. "All I'm trying to do is obey the laws, but this one seems really unfair."
Nikpouri, 31, was married three years ago, but his wife won't be eligible to immigrate from Iran for a few more years.
"We are here legally and paying taxes and enjoying what a married family should be enjoying," said Aung Moe of San Jose, 33, a Burmese political refugee who works as an engineer at Applied Materials. His wife, Mon, is an electrical engineer who is forced to live separately from her husband in Singapore.
"Already we cannot be together, and now she cannot get a Social Security number," he said. "This needs to be fixed."
--------------------------------------------------------------------------------
Congress penalizes U.S. troops, legal U.S. residents in attempt to punish illegal immigrants
By Ken McLaughlin
Mercury News
Article Launched: 05/07/2008 06:51:18 PM PDT
map loc val immig state
When Congress passed an economic-stimulus package giving hefty rebates to most taxpayers, it tried to make sure that illegal immigrants didn't get any of the cash.
But in doing so lawmakers inadvertently penalized hundreds of thousands of legal U.S. residents - and tens of thousands of U.S. troops stationed overseas - simply because their spouses lack a Social Security number.
"Imagine an American soldier in Iraq whose foreign-born wife is waiting for an immigration petition to be approved and doesn't have a Social Security card. Now the couple can't even get a rebate," said Rep. Zoe Lofgren, D-San Jose. "That is really stupid."
Others in the predicament include about a million legal residents whose spouses are still overseas because of long immigration queues and hundreds of thousands of H-1B work visa holders in Silicon Valley and elsewhere.
The scope of the problem is only now becoming clear as the government begins mailing out rebate checks. The first checks were electronically deposited in bank accounts last week.
Because illegal immigrants don't have Social Security numbers and instead routinely use "tax identification numbers," Congress banned rebates for taxpayers who use the IRS-issued numbers.
If a married couple files jointly and one spouse doesn't have a Social Security number, the couple won't get the $1,200 checks that other couples will receive. They're also ineligible for the $300 rebate per child. Many Armed Forces members stationed overseas have foreign spouses who can't get Social Security numbers.
William Luong, stationed at a U.S. naval base in Yokosuka, Japan, said his fellow seamen resent that they've landed in the same category as illegal immigrants.
"They understand the reason they're getting the shaft," said Luong, 21, who is from the Los Angeles area. "but a lot are frustrated or angry about it."
More than 288,000 troops are stationed overseas, according to the Pentagon - not counting those in Iraq and Afghanistan. Many live in places - Korea, Japan and Germany - where extended stays often result in marriages to locals.
The unintended situation developed after the House in late January passed the economic-stimulus legislation at the urging of President Bush. But anti-illegal immigration groups then lobbied the Senate to add the Social Security requirement, fearing that illegal immigrants would get their hands on the checks.
The Federation for American Immigrant Reform - whose members went on radio talk shows to bash the House version of the stimulus bill - has no apologies.
"No law was ever written that doesn't find someone falling through the cracks," said Ira Mehlman, a FAIR spokesman, who said he hoped government officials will come up with some way to help Armed Forces members.
But H-1B visa holders and legal immigrants who are being denied rebates say they want some justice, too.
"If the government collects taxes from us, we should be able to get rebates given to other legal residents, it should be a level-playing field," said Parveen Kumar, an H-1B visa holder who lives in Sunnyvale.
Kumar moved to Silicon Valley from India with his wife three years ago. He now works as an engineer at Intelliswift Software in Fremont. But his wife, Anu, is on a H-4 "dependency visa" that doesn't allow her to work.
After he found out about the rebate law, he went to the Mountain View office of the Social Security Administration and asked if he could get a number for his wife. He was told no.
John Johnston, a spokesman for the Social Security Administration, confirmed on Wednesday that the agency's policy is not to issue Social Security cards simply for the purpose of issuing tax rebates.
According to the U.S. Department of Homeland Security, there are now between 600,000 and 800,000 H-1B visa holders in the United States. Exactly how many are married to spouses ineligible to work in this country is unclear.
Another group of immigrants - about a million nationwide - are non-citizen green-card holders who are already facing seven-year waits to get permission for their spouses to immigrate to their country.
"I've been in America for well over 20 years, and I consider myself an American," said Amir Nikpouri of Orland Park, a suburb of Chicago. "All I'm trying to do is obey the laws, but this one seems really unfair."
Nikpouri, 31, was married three years ago, but his wife won't be eligible to immigrate from Iran for a few more years.
"We are here legally and paying taxes and enjoying what a married family should be enjoying," said Aung Moe of San Jose, 33, a Burmese political refugee who works as an engineer at Applied Materials. His wife, Mon, is an electrical engineer who is forced to live separately from her husband in Singapore.
"Already we cannot be together, and now she cannot get a Social Security number," he said. "This needs to be fixed."
--------------------------------------------------------------------------------
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EkAurAaya
07-11 02:20 PM
.
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
:(Bad News is all of us who applied for EAD renewal after June 30th wouldnt get a 2 years EAD instead would get 1 year EAD.
bang on the money... i think this is just another ingenious way for USCIS to milk us :mad:
more...
h1techSlave
05-15 06:15 PM
I was trying to get the loan thru NVR Mortgage. Because of my wife's EAD status, we could not get the loan from NVR.
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
Then they brokered it out to another agent, who accepted H4. But the loan rate went up from 4.75% to 5.25%. Finally we went with FHA loan (4.875%). FHA loan has an initial payment requirement of 1.75%.
End of story: because of EAD, we lost that 1.75% of the loan. Plus need to pay 0.125% extra.
But were U able to get the loan at the end ?
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immi_twinges
07-20 05:37 PM
My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
Lets ask first ..to fix the USCIS lethargy..
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
Lets ask first ..to fix the USCIS lethargy..
more...
vinabath
07-20 12:52 PM
Thank you so much for this reply
Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.
Hey make sure that I am right by talking to an attorney. They usually charge $150 for for this suggestion. Please spend that money. If you do not have that money, I will give you a loan. Pay me back once you start working.
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mirage
08-04 10:19 AM
I would request everybody to send out the mails ASAP. This will certainly help....
----------------
Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...
-------------------------------------------------------
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
----------------
Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...
-------------------------------------------------------
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary subCommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
more...
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Canadian_Dream
06-01 08:18 PM
I re-read the section and I think your interpretation is correct. All I-140 filed after introduction and approved before enactment should stand clear from this provision. If there is an I-485 petition filed along with such an I-140 that is approved before enactment of this act, then it will qualify for an immigrant visa whenever one is available under the old law.
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
Again one needs to run this interpretation through a lawyer to be absolutely sure.
Hmm so I was quite worried about good old Section 502(d)(2) at first, but after re reading carefully, this may not be terrible. I (and others?) might have pressed the panic button a little too quickly.
As I read it now (and I am NOT a lawyer), any I-140 petition adjudicated after the effective date of this legislation (Oct 2008 seems to be the popular opinion) will be rejected if the I-140 petition has a filing date after May 15th 2007. If this *only* applies to adjudication of I-140s and NOT to I-485s, this means that you would have to have filed your I-140 after May 15th and have it still pending by Oct 2008 .... 14 months for folks filing in the near future. This is quite unlikely, as it takes only a month or so for premium processing, and around 6 months for non-premium.
Folks might get into trouble if they have a labor certification stuck in the BEC and it doesn't get approved for another 12 months or so...
Comments ?
- GS
(of course, this is all speculation, I realize there's a long way to go before this becomes law).
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newbee7
07-05 11:16 PM
"not entirely completed" = INCOMPLETE
They clearly broke the law...this is the first time we see the officials at ucsics confirming this and the weekend work. Perhaps, they figured out they need to admit it before they are forced to do so.
They clearly broke the law...this is the first time we see the officials at ucsics confirming this and the weekend work. Perhaps, they figured out they need to admit it before they are forced to do so.
more...
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mpadapa
06-11 12:04 PM
This retrogression and slow forward movement was a problem in the making. Last summer IV core had warned about this issue. The writing on this issue was on the wall, now we have numbers to prove it. Last year (2008) we ducked the issue because EB folks got lucky since almost 23K visa wasted by FB folks in 2007 was counted as part of EB limit in 2008. This year no such luck, we are stuck with our usual quota's. Refresh your memory with an old thread from last summer. (http://immigrationvoice.org/forum/showthread.php?t=19042)
Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
........
Folks don't narrow this issue to an Indian/chinese issue. All EB3 folks and EB2 (reto countries) are affected by the retrogression. When the system is broken blame the system and not the individual department. Looks like members like to take a dig at USCIS for every problem in the system. Go talk to your lawmakers if you have issues with the system, they are the one who drafted the limits. Your labor was delayed not because of USCIS but by DOL. Yes USCIS is not a perfect org but they do their best. USCIS wasn't equipped to handle millions of EAD/AP every year aren't they issuing they issuing it within reasonable time. Give some respect to the org and just don't use it as a punch bag for all your problems. If you have issues with wastage of visa's go ask the lawmakers who introduced the 245i provision in 2000. They showed the EB folks with ~130K recapture and flooded the system with 245i applicants and caused ~130K visa numbers wasted between 2000-present. What was the net gain? We should collective organize and do active lobbying with IV, otherwise we will be taken for another ride in CIR.
Source:
http://www.immigration-information.com/forums/general-immigration-questions/8261-visa-number-update-from-the-department-of-state.html
........
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rongha_2000
04-30 03:57 PM
They are done with the hearing?? WTF???? Have they got any fruitful information out of it? I feel so deceived..!! I think its all a farse..
Damn u USCIS and Damn u congress who hold our cause hostage to those illegal immigrants.
Jeez, they are done. I am freaking dumbstruck for the sheer lack of substance in the discussion. Gosh, what a waste of tax-payers money!!
Damn u USCIS and Damn u congress who hold our cause hostage to those illegal immigrants.
Jeez, they are done. I am freaking dumbstruck for the sheer lack of substance in the discussion. Gosh, what a waste of tax-payers money!!
more...
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lonedesi
08-06 09:24 AM
Diptam, thats a tricky situation. I am not so well versed to know if Ombudsman's office will accept the form without employer's signature. let me check with few attorney's and the IV core group and get back to you.
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perm
07-20 04:07 PM
She recently announced in her campaign that she will increase the H1B visas
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
[/B]
Thats after she wins the election..!!!
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
[/B]
Thats after she wins the election..!!!
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arkrish68
09-27 12:45 PM
Arrived in early 2001
started processing GC in 2003
filed 1st application in 2003 - application went to backlog elimination center
left the company, filed second application in March 2006 - EB2
got I 140 approval in 2006
applied for I485 in June 2007
Waiting till today for the I485 approval
started processing GC in 2003
filed 1st application in 2003 - application went to backlog elimination center
left the company, filed second application in March 2006 - EB2
got I 140 approval in 2006
applied for I485 in June 2007
Waiting till today for the I485 approval
addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
cjain
08-11 10:35 AM
...the question is - where do you fall.
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