prolegalimmi
03-28 10:51 AM
Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
Again with all due respect, I was trying to make sure we concentrate on whats on table in the next two weeks, which may never come to the table again in a long time. But if I sounded indifferent to the BEC issues, my apologies.
I am a BEC victim too from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
Again with all due respect, I was trying to make sure we concentrate on whats on table in the next two weeks, which may never come to the table again in a long time. But if I sounded indifferent to the BEC issues, my apologies.
I am a BEC victim too from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues.
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lacrossegc
07-20 04:53 PM
If you look at THOMAS it actually shows that Yeas are 55 and Nays are 40
So the bill passed the voting ....
but it failed because it was ruled "out-of-order" and hence rejected ...
I dont know why it was ruled out of order ... maybe because it was attached to the defence spending bill so it was not the right place to put in this kind of amendment....
I hope that Yeas mean YES and Nay mean "NO" or I need to get my head examined
So the bill passed the voting ....
but it failed because it was ruled "out-of-order" and hence rejected ...
I dont know why it was ruled out of order ... maybe because it was attached to the defence spending bill so it was not the right place to put in this kind of amendment....
I hope that Yeas mean YES and Nay mean "NO" or I need to get my head examined
vishaal
05-11 12:41 PM
The IV wikki does not address this point.
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chantu
06-24 11:38 AM
In EAD form, they are asking about previous EAD info..like which service center, what date, GRANTED or REJECTEd etc.. Now I had two EADs..one is OPT and other one I got last year. Do I have to write info for both one or just for last year?? In last year's form, I wrote info about my OPT. But what now?
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nc14
05-22 07:37 PM
Check the new IV Action Alert Funding Drive please.
mallu
06-15 08:30 PM
We are being squeezed all along the way... Did you notice I140 retrogression? Think about those who got stuck at labor, then 140, then I485, then name check...
Did you hear that they were trying to eliminate AC21? So what's the benefit of filing I485 considering all the backlogs? Without AC21, you still have to start all over again should you lose your job.
Pure stupidity on those bueracrats!
Some employers are having merry time. "Dedicated" employees working for N number of years without any major promotion ( also i have seen employers in dilemma because cannot promote employee to a mangerial position ).
Did you hear that they were trying to eliminate AC21? So what's the benefit of filing I485 considering all the backlogs? Without AC21, you still have to start all over again should you lose your job.
Pure stupidity on those bueracrats!
Some employers are having merry time. "Dedicated" employees working for N number of years without any major promotion ( also i have seen employers in dilemma because cannot promote employee to a mangerial position ).
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alterego
10-10 04:54 PM
The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.
So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.
Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.
So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.
Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.
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kshitijnt
05-14 07:06 PM
What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
more...
desidas
02-01 01:49 PM
Logiclife,
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
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JunRN
09-23 11:53 AM
I hope that Smith and King will not attend today!!! *cross-fingers*
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srinivasj
08-10 10:49 PM
I am taling abt the state depts official site
yup very dissapointed..
yup very dissapointed..
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khan
10-24 11:03 AM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
Congratulations, enjoy your long wait is finally over.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
Congratulations, enjoy your long wait is finally over.
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needhelp!
05-30 01:38 AM
I just watched the piece on Spelling Bee by Jimmy Falon on Late Night.. seems like they went all out to "encourage" Tim Ruiter for next year, because he is "origin Virginia". Did any of you guys watch this?
Aren't all the kids American kids?
Aren't all the kids American kids?
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Kumbakonam
11-04 01:18 AM
Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
There is a limit I think but it must be like $25K..
Good Luck
If you have an NRE or NRO account, the money cannot be deposited into those accounts from India. This is my personal experience.
There is a limit I think but it must be like $25K..
Good Luck
If you have an NRE or NRO account, the money cannot be deposited into those accounts from India. This is my personal experience.
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browncow
06-09 09:25 PM
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
YOu stole my profile picture, stop doing that, or you WILL fail.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
YOu stole my profile picture, stop doing that, or you WILL fail.
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walking_dude
03-17 03:19 PM
With all due respect asking Bernanke to increase visa numbers of to do visa recapture is like asking a very successful lawyer to do a by-pass surgery.
Congressmen (senators included) make the law and President signs it into the law. President is also the head of executive (which includes USCIS), hence he is the boss of USCIS. Its basic civics 101.
Even if Bernanke is convinced 100% about your points, there is nothing he can do to help us. He doesn't make the laws, and USCIS has no reasons to listen to him (he isn't their boss). So what you suggest, my friend, is that we bark up the wrong tree, instead of approaching the right people - who are the only people who can fix our problems.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
Congressmen (senators included) make the law and President signs it into the law. President is also the head of executive (which includes USCIS), hence he is the boss of USCIS. Its basic civics 101.
Even if Bernanke is convinced 100% about your points, there is nothing he can do to help us. He doesn't make the laws, and USCIS has no reasons to listen to him (he isn't their boss). So what you suggest, my friend, is that we bark up the wrong tree, instead of approaching the right people - who are the only people who can fix our problems.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
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manand24
07-19 09:53 AM
EB2/FEDEX delivered on 02-Jul-07 @7:55AM
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lahiribaba
07-02 02:48 AM
last time i posted this idea everyone ridiculed.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
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raj3078
07-18 12:59 PM
Raj3078/anybody,
Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).
gc101.
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
Let's say, I am not able to do that. But, do you suspect that they might APPROVE my 485 BEFORE my PD gets current? If they don't then, I am in no trouble, isn't that right? If they don't approve, then, I can add her into AOS when my PD gets current again assuming I don't file for EAD (I won't - I like my employer for now).
gc101.
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
styrum
02-08 12:40 PM
On a second thought, though, why then DOL said that I required 5 when I had MS plus 5 yrs of exp.? Did they interpret my 5 as including the 4 yrs attributed to getting MS?
Openarms
06-02 05:40 PM
We got heavy weights here supporting this bill... Kennedy and Schumer.. IV fights for all immigration issues, but not for this... then whom IV fighting for???
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