smuggymba
01-15 03:24 PM
I trust the talent of desi dallas, they will come up with a way to circumvent this:D
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff:eek:
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
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thomachan72
01-14 09:16 AM
Hey smuggymba, I hope you did not misunderstand what I said. Hope you get the idea behind what I meant.
bayarea07
07-27 05:50 PM
Kaushal,
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
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kingkong
09-04 02:00 PM
I am from AP. And my father had first hand experience getting ripped off by this dead mans cronies when they threatened and grabbed my fathers small plot, that he had bought way back in 89, on the out-skirts of Hyd. All it took was one single threatening phone call to my father and my father signed the sale deed for the land the very next day, not asking a single penny in return. His family was more precious to him than the bloody piece of land. My father worked as a clerk in a central govt office. He is a simple man and has no clout.
I am sad that YSR is dead. I wish he survived but with 3rd degree burns and limped out his miserable life for the next 100 yrs.
I am from Kerala. not from AP.(studied in Bangalore and have friends from almost every state from India) I AM NOT A REDDY OR RAO.
Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.
CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.
IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)
Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???
I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
This can happen to any one of us at any time. Do not rejoice in Tragedies.
I am sad that YSR is dead. I wish he survived but with 3rd degree burns and limped out his miserable life for the next 100 yrs.
I am from Kerala. not from AP.(studied in Bangalore and have friends from almost every state from India) I AM NOT A REDDY OR RAO.
Some of my friends are from Bihar (CHILDREN OF MP'S, MLA) go home for elections and lead booth capturing. They shared their experience with me.
CASTE POLITICS IS A THE RESON FOR ALL NEGATIVE COMMENTS.
IN KERALA, CASTE POLITICS IS EXISTS (just pick a candidate for a constituency), BUT NOT IN THE RANGE OF OTHER INDIAN STATES. (ESPECIALLY NORTH INDIA)
Let the people from AP, comment about him. If they give him second time, it is clear that majority like him. No doubt about it. If he is not good, why you people campaign against him by blogs for go to India and vote against him ???
I DIDN'T SUPPORT ANY POLITICIANS. But have a sympathy for a dead person and other 5 people in the accident.
This can happen to any one of us at any time. Do not rejoice in Tragedies.
more...
sachug22
09-15 03:16 PM
you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
There are 2.5 EB2-I application per EB2-C application. And EB2 China had cutoff dates of early 2005 in 2009 (they did not enjoy too much spillover in 2009). So my guess it that China will use its 3k annual limit + spillover numbers (depending on how much EB2-C dates move). The spillover would be split 25% china and 75% India.
zbd
10-18 11:36 PM
I'm not looking for a citizenship but I gotto live here and almost getting Canada PR. If this is the case, anyway I'll lose the PR 5 years later since I couldn't stand there 2 years long in 5 years.
Please advise.
Please advise.
more...
shruthi07
01-27 01:00 PM
Saralayar,
You are right.
Cases Not Allowed for I-140 Premium Processing -
1. EB1 (Extraordinary Ability and Multinational Executive or Transferee)
2. EB2 (National Interest Waiver)
HTH
Shruthi07
You are right.
Cases Not Allowed for I-140 Premium Processing -
1. EB1 (Extraordinary Ability and Multinational Executive or Transferee)
2. EB2 (National Interest Waiver)
HTH
Shruthi07
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pankaj_singal
05-31 06:48 PM
WOW... what a logic... what does Indian Govt. has to do with this money when this is taken out of my pay cheque.
When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).
When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).
more...
Aah_GC
07-11 06:10 PM
Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?
Would really appreciate a reply.
Would really appreciate a reply.
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Saralayar
07-14 09:07 PM
My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Thanks in Advance and your answer will be helpful for our quick decision for this year courses.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Thanks in Advance and your answer will be helpful for our quick decision for this year courses.
more...
ramus
07-03 03:52 PM
Which congressman did you call?
Thanks.
I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support
Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it
Thanks.
I talked to someone & got immediate appointment. Few minutes later I got anoter call back to reaffirm teir support
Please call your congressman office. I am only asking them to ask USCIS to receive the application instead of rejecting it
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Waitnwait
07-03 05:49 PM
My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
more...
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mariusp
03-28 03:25 PM
I'm more concerned about this:
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?
:confused:
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?
:confused:
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logiclife
06-27 07:15 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
http://www.immigration-law.com/
Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).
IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
more...
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kumjay
06-27 09:34 AM
Yeah well. I also heard the rumour that in the next month july bulletin USCIS is going to move the dates forward from Current to Current+2 months = September 2007. This will allow everyone to get greencards in advance and then after they get their greencards they can apply for Labor, I140 and whatever.... :)
Please stop spreading rumours.
Dude, USCIS just released a circullar that they have abolished labor certification rule. Now anyone can file for Adjustment of Status and that includes illigals. Actually Lou Dobbs on CNN discussed this yesterday and he sounded very happy about it. The very first Green Card that this new rule issues will be duly signed by Lou Dobbs and he will come to your house in his car to deliver it......Can I get the award for best rumor now?
Please stop spreading rumours.
Dude, USCIS just released a circullar that they have abolished labor certification rule. Now anyone can file for Adjustment of Status and that includes illigals. Actually Lou Dobbs on CNN discussed this yesterday and he sounded very happy about it. The very first Green Card that this new rule issues will be duly signed by Lou Dobbs and he will come to your house in his car to deliver it......Can I get the award for best rumor now?
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Legal
07-23 10:20 PM
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
In other words can they change the rules for spillover once again ..say next year ?
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
more...
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cdeneo
09-20 12:52 PM
Thanks for vounterring your time and helping the immigrant community out -
My question -
EB3-India
PD: Dec 2004
I-140 approved.
I-485 applied: July 2007
EAD and AP approved
I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.
1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.
2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.
I would really appreciate your input. Thanks!
My question -
EB3-India
PD: Dec 2004
I-140 approved.
I-485 applied: July 2007
EAD and AP approved
I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.
1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.
2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.
I would really appreciate your input. Thanks!
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samay
07-15 05:10 PM
Dear Attorney,
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
A million thanks for this website. I have a unique problem and I humbly request your expert advice on my situation.
I am a physical therapist from India who got 221(g) after H1B interview. 221g tells me to take and pass the physical therapy licensing exam before they could issue the visa. I have Visa Screen certificate from CGFNS, educational equivalency report and approval letter to take NPTE exam(licensing exam) from physical therapy state board of Maryland.
The problem is that, licensing exam is offered only in US mainland and to take the exam they should have given me H1B visa. I even submitted to the consular officer, USCIS memo on H-1B Specialty Occupation Licensure Requirements dated March 21, 2008 regarding 1 year temporary approval, still she gave me 221g.
One more interesting thing is that 3 of my friends who had the H1B interview with the same set of documents and without licence, with other consular officers on same day, was stamped visa without a question on licence.
Kindly advice me if there is any way I shall sucessfully appeal on 221(g) and get the H1B visa stamped. Thank you very much in advance and god bless you. With lots of regards,
John
Do you have an attorney. If yes then contact him if not then please contact me and we can discus your successful appeal.
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ganguteli
06-02 04:05 PM
It very well depends on the lawyer .
If he could prove country quota as unconstitutional, which i feel it is.
But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,
And as you said, even if we do not win , we would for sure get some media coverage.
Why can't you find and talk to a good lawyer and spend your own money on consultation. We will know you are serious about it.
If he could prove country quota as unconstitutional, which i feel it is.
But yes IV should talk to a good constitutional lawyer(not immigration), and find the odds,
And as you said, even if we do not win , we would for sure get some media coverage.
Why can't you find and talk to a good lawyer and spend your own money on consultation. We will know you are serious about it.
greencard_fever
07-25 11:40 AM
If USCIS is not efficient, cut off dates do not help much for pending I-485s even if there is a horizontal spill over. If USCIS is efficient, there is nothing to argue, EB2 will be benefited as analyzed by vdlrao , me and many other here. I am only trying to say that USCIS efficiency and its 'Target' for each year is a crucial factor when it comes to speculation. The number of visas approved is directly proportional to agency's efficiency and its set target. Depending on that, some parameters in our calculations change . For example, If they do not use the FB to EB spill over, we will be less by 20k for the year. If USCIS and DOS only utilize 130K out of 140K, we will be less by 10K more.
I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Hope USCIS will works efficiently..
Hello Gurus!!
We all talked much about USCIS working style. some members criticized USCIS and some praised. so now our hope of GC and feature is in the hands of USCIS not DOS (since DOS moved the dates).. now the point is what actions we can take to make USCIS to work up to its 100% ability to clear off the pending 485's for the people whose PD is current?
Can we do some call campaign to wake-up USCIS and tell them how frustrated we are with its processing?
OR
Can we fax a letter to USCIS director explaining our issues and how frustrated with the way USCIS is working and tell them our suggestions to improve the processing standards and efficiency?
Any other thoughts from any one?
I am not pessimistic and please note that I am not contradicting any one. I my self did detailed analysis in May 2008 saying that it will wonderful year for EB2. Please find the post here.
http://immigrationvoice.org/forum/showpost.php?p=246481&postcount=1422
Hope USCIS will works efficiently..
Hello Gurus!!
We all talked much about USCIS working style. some members criticized USCIS and some praised. so now our hope of GC and feature is in the hands of USCIS not DOS (since DOS moved the dates).. now the point is what actions we can take to make USCIS to work up to its 100% ability to clear off the pending 485's for the people whose PD is current?
Can we do some call campaign to wake-up USCIS and tell them how frustrated we are with its processing?
OR
Can we fax a letter to USCIS director explaining our issues and how frustrated with the way USCIS is working and tell them our suggestions to improve the processing standards and efficiency?
Any other thoughts from any one?
yabadaba
06-27 03:21 PM
awesome reply! I still have the color question open to macaca. now instead of red blue/bold/non bold he has started using green also. either he is color blind or i am going to end up color blind when i read the news article thread
maybe i should wish that i was color blind
maybe i should wish that i was color blind
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