mariusp
03-26 10:52 AM
I second that. I filed using labor subst and let me tell you, not all of us buy/cheat to skip the line. I filed using another employee's labor who's working for the same company. My PD is in 2006 which doesn't help much and I've been working for this company way before 2006 anyway. So don't jump to conclusions because there still are people out there who use LC subst. for what it was intended for. And can anyone honestly say that they would refuse LC substitution because it is "evil"? I think that with the current situation we should take advantage of any break we can get.
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
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conchshell
06-14 12:43 PM
Dilip,
There are no excuses. You are closing the doors behind and trying to forget the path you came through.
Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.
Great thoughts. At least there are some on this alias who can think different from all others who are trying to stand on high pseudo moral values, when the basis of their standing up is nothing else but only and only their own self interest.
Have you ever thought about the millions and millions of Bangladeshi immigrants who jump Indian border's to find a job and to feed their families. How many of us apply the same moral values to immigration policies in India. Or does it ever bother you to support India student's suffering in Australia.
So only if you have clarity of thoughts on all these issues, and you support immigration no matter what country you talk about, you have a right to complain about the US immigration policies. Otherwise, tomorrow when domestic market surge in India, you will be the first one, complaining about a low cost engineer coming out from a Nepal or Bangaladesh university.
There are no excuses. You are closing the doors behind and trying to forget the path you came through.
Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.
Great thoughts. At least there are some on this alias who can think different from all others who are trying to stand on high pseudo moral values, when the basis of their standing up is nothing else but only and only their own self interest.
Have you ever thought about the millions and millions of Bangladeshi immigrants who jump Indian border's to find a job and to feed their families. How many of us apply the same moral values to immigration policies in India. Or does it ever bother you to support India student's suffering in Australia.
So only if you have clarity of thoughts on all these issues, and you support immigration no matter what country you talk about, you have a right to complain about the US immigration policies. Otherwise, tomorrow when domestic market surge in India, you will be the first one, complaining about a low cost engineer coming out from a Nepal or Bangaladesh university.
gcformeornot
01-13 08:55 PM
Can USCIS face legal challenges on this? It was just a memo, no law has been changed by the Government; the laws are just the same they were when they let it about a million people or so through these IT consulting companies.
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
Now they go back and say that was a misinterpretation of existing laws :eek:
don't you think. AC21 (the famous Yates Memo) is also a memo. People expect USCIS to follow it though.... :o
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newbee7
07-04 12:45 PM
Might be potential headline: USCIS betrays thousands of hopeful
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gchandu
09-16 04:43 PM
Hi
I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
Please suggest a best possible way
Thanks
Gangadhar
Hi
Please advise me. I came back to US on 11th Sep 2008 on my valid H1 visa and got new I-94 valid till Oct 10 2008. But my H1 extention got approved on 10th Sep 2006 a day before i arrived here in USA. Now my attorney is saying that I am required to do an amendment.
Is this an easy process ? How much will it cost
I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
Please suggest a best possible way
Thanks
Gangadhar
Hi
Please advise me. I came back to US on 11th Sep 2008 on my valid H1 visa and got new I-94 valid till Oct 10 2008. But my H1 extention got approved on 10th Sep 2006 a day before i arrived here in USA. Now my attorney is saying that I am required to do an amendment.
Is this an easy process ? How much will it cost
snathan
01-17 10:18 AM
Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
Can you just shut up and get lost....which law is saying that. give us the reference.
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
Can you just shut up and get lost....which law is saying that. give us the reference.
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gcisadawg
06-12 10:54 AM
Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).
I think that is correct. As far as I know, during 80s and early 90s, BITS, Pilani was the second best after IITs.
I think that is correct. As far as I know, during 80s and early 90s, BITS, Pilani was the second best after IITs.
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gcfriend65
06-28 10:00 AM
So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.
But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.
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senthil1
06-26 01:35 PM
The main reason for this kind of fear is many people waited more than 5 years and PD was moving 2 weeks per 3 months. Suddenly PD become current everyone could not believe themselves and still Skeptical about it. This kind of PD movements happened many times in past. This kind of fear is unneccessary and try to file I485 ASAP to get earliest Receipt date.
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
Logiclife,
All I am saying is, the DOS or USCIS can be unpredictible at times. I know TECHNICALLY there is NO way the July bulletin can retrogress IN JULY. However I would NOT be surprised if that happens. Coz this suddenly creates a FLOOD of Ead applications and AP applications not to mention Finger printing.
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conchshell
07-26 06:31 PM
One important point that we seem to be missing is that there are about 50,000 Indian STUDENTS (like yours truly) who come to the US each year. Most of them are grad students and invariably all of them apply for EB based GC......think about it : 50,000 students each year and even if you assume half apply for GC - that makes it 100,000 PRIMARY GC applicantions from India alone over a four year period - staggering number........
However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.
However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.
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dvb123
02-15 02:46 PM
Dvb, did you read the ruling? It denies relief and says that:
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
"We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
year, our analysis may have been different."
So this case is not helpful to us, though it is good for us to be aware of its existence.
I read the end and it was unfortunate. I was talking about visa number reservation where they can reserve visa numbers for us in the future years based on the previous mistake they did. The court can compel USCIS to give visa numbers but maybe not in the same year but in a period of several years where there can put the newly applied i-485's on hold.
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alterego
02-13 10:56 PM
I doubt we can see a visa number increase until the CIR bus comes around again. It is anyones guess when that will be.
I think the only things that might stand a chance is visa recapture. If there are even 150-200K visas recaptured, this will tremendously improve retrogression for up to 2 years. Pressure is building on legislators from both employers and state gov't putting up arbitrary rules which are splitting communities. The enforcement approach taken by gov't is also giving pause for thought to some moderates on this issue. McCains ascension to republican nominee will serve to cool the temperature on this issue during the election season. Hopefully they can do something transitional in the interim which includes visa recapture.
After now 3 yrs of heavy retrogression, this is getting really bad.
I think the only things that might stand a chance is visa recapture. If there are even 150-200K visas recaptured, this will tremendously improve retrogression for up to 2 years. Pressure is building on legislators from both employers and state gov't putting up arbitrary rules which are splitting communities. The enforcement approach taken by gov't is also giving pause for thought to some moderates on this issue. McCains ascension to republican nominee will serve to cool the temperature on this issue during the election season. Hopefully they can do something transitional in the interim which includes visa recapture.
After now 3 yrs of heavy retrogression, this is getting really bad.
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mkumar
05-11 08:50 PM
Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!
Thanks for being the self-designated, unpaid spokesperson for "we indians" and keeping track of accountable indians :)
Thanks for being the self-designated, unpaid spokesperson for "we indians" and keeping track of accountable indians :)
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gdilla
07-26 02:25 PM
I suspect being unemployed in any country is a crappy experience. Get a job first. There's lots of job sites online, check it out for yourself. Tap your network, etc. You can even setup your own company/consultancy and serve your US clients if you so desire.
But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?
But what about the jobs in Canada? How bad is it? Without a job, what is the point of quality of life etc.?
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user1205
02-15 06:31 PM
probably true but because most of them are on H4 which means someone else in their family is H1.
I think it was reported that students from India is the largest % of students in US universities.
I think it was reported that students from India is the largest % of students in US universities.
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leoindiano
08-15 08:17 AM
for 2 hours, Sharukh Khan may have felt like common man. WOW.
Yes, it does look stupid, every guy with name KHAN looks like terrorist for homeland security officers.
Other officers recognized him within 15 minutes, This particuler officer did not listed to them. Yes, there are some officers who think they are "Sharukh Khan"s of US immigration system.
I agree, they have every right to question him, not for 2 hours though...
Looks like this is going to help his upcoming movie with publicity.
Yes, it does look stupid, every guy with name KHAN looks like terrorist for homeland security officers.
Other officers recognized him within 15 minutes, This particuler officer did not listed to them. Yes, there are some officers who think they are "Sharukh Khan"s of US immigration system.
I agree, they have every right to question him, not for 2 hours though...
Looks like this is going to help his upcoming movie with publicity.
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sk2006
08-15 04:16 PM
Why so much ruckus for SRK ?. After all he is a actor in India. So many actors are having connections with Dawood Ibrahim. So , nothing wrong for extra questioning.
But Indian immigration will not do such things to foreign delegates. They treat them like gods.Everything will be bypassed.
This is the difference between us and US
Agreed. Makes sense.
But Indian immigration will not do such things to foreign delegates. They treat them like gods.Everything will be bypassed.
This is the difference between us and US
Agreed. Makes sense.
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mrdelhiite
07-08 08:54 PM
My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school…9th grade to be precise. I never got it corrected and came to us …visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, … now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. ….. the only 2 things which are not in my first name last name format is
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
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nk2006
10-09 02:49 PM
A GC cannot be filed directly from a TN or E3 status.
As mihird said, not much difference. I am a naturalized Canadian working in US for last 7 years (country of birth � India) � Canadian citizenship does not help much in I485 stage since you will fall under the quota of country of birth. One small advantage is consular processing � Canadians can apply for CP at Montreal which used to be faster. But with retrogession and improved AOS processing in USA makes this irrelevant.
Another general advantage is use of TN1 visa instead of H1B. You can actually start/continue green card processing while in TN1 visa status � it needs some careful planning but it can be done. Basically you cannot get/renew TN1 visa once I-485 is filed but until then you can continue on TN1 while your labor/140 is under process and while you are waiting for the dates to get current. But this aspect is generally misunderstood and many lawyers insist on transferring to H1B even before starting the labor process (which happened in my case leading to my present state where I am extending h1b beyond 6th/7th year). Basically with a good lawyer and flexible employer you can use TN1 as long as possible, so that you don�t get into 6th/7th year h1b tensions � this can be a slight advantage in some cases.
As mihird said, not much difference. I am a naturalized Canadian working in US for last 7 years (country of birth � India) � Canadian citizenship does not help much in I485 stage since you will fall under the quota of country of birth. One small advantage is consular processing � Canadians can apply for CP at Montreal which used to be faster. But with retrogession and improved AOS processing in USA makes this irrelevant.
Another general advantage is use of TN1 visa instead of H1B. You can actually start/continue green card processing while in TN1 visa status � it needs some careful planning but it can be done. Basically you cannot get/renew TN1 visa once I-485 is filed but until then you can continue on TN1 while your labor/140 is under process and while you are waiting for the dates to get current. But this aspect is generally misunderstood and many lawyers insist on transferring to H1B even before starting the labor process (which happened in my case leading to my present state where I am extending h1b beyond 6th/7th year). Basically with a good lawyer and flexible employer you can use TN1 as long as possible, so that you don�t get into 6th/7th year h1b tensions � this can be a slight advantage in some cases.
sledge_hammer
05-29 11:11 AM
1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
2] 3.2K visas were available for EB2I for FY2009.
Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.
Unbelievable!
stemcell
06-01 02:28 PM
The only solution , to all our problems, is a LAWSUIT.
The earlier some one has the balls to do it , the better it is.
what lawsuit :confused:
whom are we going to sue? USCIS for following what the congress has laid out....
i guess what you mean maybe is sue the congress.....:D
The earlier some one has the balls to do it , the better it is.
what lawsuit :confused:
whom are we going to sue? USCIS for following what the congress has laid out....
i guess what you mean maybe is sue the congress.....:D
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