cellphone
09-01 04:23 PM
It will take another 9-10 years to get your GC if the system remains the same.
Please upgrade to EB2
thank you.....i have recently changed companies for that sole purpose and I just got the green light; so, I'll be going thru PERM; so may be in another 2 yrs I can get my GC.
Please upgrade to EB2
thank you.....i have recently changed companies for that sole purpose and I just got the green light; so, I'll be going thru PERM; so may be in another 2 yrs I can get my GC.
wallpaper X Level X 143/146. Pokemon
chanduv23
05-15 10:23 AM
Trust me your frustration is understandable......
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.
First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.
In your case, i think, you also have to at the least send an email to the Ombudsman.
Guys,
1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
3. Attorneys are making money on these cases
In the end we the immigrants are the losers.
Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,
We need to increase the awareness.
We do not want to get to a point where we may not utilize AC21 properly.
thanks
I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.
First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.
In your case, i think, you also have to at the least send an email to the Ombudsman.
WeShallOvercome
08-12 02:12 PM
I dont understand how can the senator think it will solve anything as far as giving a job to a US citizen is concerned..
We all know how these H1 dependent companies work.
they will charge this 2K increase to the H1 employee(directly or indirectly)
and do you think someone who wants to make it to the US will mind if he gets 48K instead of 50K per year?
We all know how these H1 dependent companies work.
they will charge this 2K increase to the H1 employee(directly or indirectly)
and do you think someone who wants to make it to the US will mind if he gets 48K instead of 50K per year?
2011 Pokémon Diamond Forum
sushilup
07-11 08:28 AM
I agree with tnite
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
But the downside to this is that most EB2 July filers have (or will be) been renewing their EAD's in August/Sepetember and this bulleting will not let USCIS give out 2 yr EAD's and instead hand out 1 yr ones.
Just because your PD is current dosnt mean that USCIS will process your apps right away. There are folks whose PD was current under July bulletin and their apps haven't been touched based on some anecdotal evidence here..
But the Eb3 news is not good.
just my 2 cents
more...
jonty_11
07-06 01:09 PM
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend. Obviously the 60,000 plus cases must thus have been approved (?) in one month
ok this is from Oh's website..pelase always quote source.
ok this is from Oh's website..pelase always quote source.
I_need_GC
03-25 02:23 PM
If both the AP's are stamped they will put a stamp on the back or close to it.
Its not a big problem you are allowed multiple entries :D
Its not a big problem you are allowed multiple entries :D
more...
StarSun
05-11 10:25 AM
Please continue to call the senators on the list and post the feedback on this thread
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loudobbs
09-10 09:25 AM
meant to say not illegal immigrants....:o:o
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
more...
pappu
08-08 12:15 PM
I sent you one in a PM a few minutes ago.
Pankaj
Thanks I got it and sent you a PM. Could you post it yourself on this thread so that others can also view it.
Pankaj
Thanks I got it and sent you a PM. Could you post it yourself on this thread so that others can also view it.
hair This is an Ultra Rare LEVEL X
immi_enthu
08-10 06:14 PM
Any updates from USCIS regarding lockbox & receipting dates?
it's still not a week since 08/03/2007 for USCIS :D. they have more 7 days in a week :rolleyes:.
it's still not a week since 08/03/2007 for USCIS :D. they have more 7 days in a week :rolleyes:.
more...
DDLMODES
07-06 10:17 AM
What the hell on earth is this? Do you know for sure they have ignored it? Do not add masala to the existing crap. Do you understand the consequences of these kind of spiced up stuff? We all would be sulking in the security check for ever, if DHS gets pissed off or gets a congressional hearing and the authorities get lambasted over this. You are seeing how doctors are being implicated in UK and all over. Security is the most important thing right now on this planet and western world is agog over security. I dont know from where Greg Siskind and Jay Solomon got the tip off. They tipped each of their hats off and put the story in our brains to run the show. Security is not a Joke. Do not make it a bigger issue unless you dont know whether it really has happened. The consequences can be pretty dangerous to the extent of revoking all the issued GC's in the past 20 days, if congress gets high on this. I dont know what lawyers want, but my understanding is none of us want to have negative consequences of this issue.
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
Agreed 100 % !
Stop spreading RUMORS that can hurt us guys !
:mad:
No matter who screwed up, we should be conveying the following message after we say that USCIS/DOS goofed up.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
Its our choice to make USCIS/DOS our enemies or we get compassionate to the situation considering how arcane the current laws are. We agree or not, we have to work with them going forward. Just that they are down and we are on a bashing spree right now doesnt mean that it will be situation for ever.
Agreed 100 % !
Stop spreading RUMORS that can hurt us guys !
:mad:
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hebron
10-22 10:50 AM
I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).
I sent you private message. Could you please take a look?
I sent you private message. Could you please take a look?
more...
house Palkia G Lv.X started to see
nyte_crawler
04-25 11:41 AM
What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
tattoo Today#39;s Pokemon Card of the
pointlesswait
02-27 12:04 PM
i just hope it moves by 1-2 months...so at that rate..we can be certain that they know what they are doing.
somebody should sue USCIS for transperancy!
somebody should sue USCIS for transperancy!
more...
pictures Today#39;s Pokemon Card of the
ssa
09-10 04:33 PM
USCIS currently has no accountability at all. Nor do they seem to have any clue about how many cases they have in the queue. Just see EB2-I dates for all the 12 VBs for the 2008 fiscal year: It started at 1 APR 2004 then retrogressed back steadily till it eventually became "U" just to jump back to 1 Aug 2006 for the last 3 months! Now after one whole year of processing and approving some 20-30K green cards for EB2-I it is starting at 1 APR 2003, a full year back from where it began last year!! Meanwhile they have handed out thousands of green cards to PDs in 2006 when the rule clearly states they have to clear older PDs first! Care to explain, USCIS?
I know people are sending out mails and DHS-7001 forms on their own but these individual scatter-shot attempts will all vanish in a big black abyss of USCIS bureaucracy and fall on deaf years. Only chance to instill some sense in this adhoc process seems to be if IV as a whole organization takes up this matter with Ombudsman and influential congressmen/senators like Zoe lofgren. IV had been very influential in redressing excesses by USCIS in the past - turing back July 2007 fiasco was no mean feat! Can we have some IV action item from core for this?
I'm afraid unless we do something about it as a group there is absolutely nothing to prevent USCIS from doing the same outrageous thing year after year with little fear of any retribution. We will all be practically at complete USCIS mercy!
Finally, I'm nothing but happy for those who got their GCs in this last round of "Lotto drawing" - including those with PD much later than mine - but the prospect of being stuck in a black hole called USCIS year after year scares the hell out of me!
I know people are sending out mails and DHS-7001 forms on their own but these individual scatter-shot attempts will all vanish in a big black abyss of USCIS bureaucracy and fall on deaf years. Only chance to instill some sense in this adhoc process seems to be if IV as a whole organization takes up this matter with Ombudsman and influential congressmen/senators like Zoe lofgren. IV had been very influential in redressing excesses by USCIS in the past - turing back July 2007 fiasco was no mean feat! Can we have some IV action item from core for this?
I'm afraid unless we do something about it as a group there is absolutely nothing to prevent USCIS from doing the same outrageous thing year after year with little fear of any retribution. We will all be practically at complete USCIS mercy!
Finally, I'm nothing but happy for those who got their GCs in this last round of "Lotto drawing" - including those with PD much later than mine - but the prospect of being stuck in a black hole called USCIS year after year scares the hell out of me!
dresses Card images are courtesy of
snathan
08-23 10:01 PM
You are down to demeaning Bsc's and BCom's. Remember, to manage an enterprise is no joke, or else even you would have done it long back. All the noises that are coming from you are nothing but sour grapes. When nothing else is left, you turn to demeaning
For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS
Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.
For the other guy who mentioned working on L1A: Your perspective is blinkered by offshoring model. You too, need to see the larger reality outside of your TCS
Send your recommendations to USCIS/DOL and your certification about bsc and bcom. Also enlighten us with your larger perspective of how this multinational executive making 32K per annum adding more jobs/potential to the economy.
more...
makeup Today#39;s Pokemon Card of the
gconmymind
09-14 12:49 PM
Good work guys!! Hope the rally will be a big success!!
girlfriend Floatzel GL Lv.X
vactorboy29
03-05 12:54 PM
I saw soft LUD on my 485 applications.I will update if any thing happens.
hairstyles Today#39;s Pokemon Card of the
bbct
02-18 04:24 PM
I agree. Mine is December 15, 2005.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
gc_aspirant_prasad
07-05 07:54 PM
Hi Folks-
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Way to go !!
We (5 People) work for IBM company, SFO, today we went personally to the congress men and we submit the letter which is provided in this forum and after that we called state senator office and we explained about our problem. We faxed and email the letter to the senator office, staff had taken my contact details and they told me that they will inform the solution in 2days.
Thx
Aj
Way to go !!
bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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