knnmbd
04-03 11:05 AM
Admin,
Thanks for clarifying the issue about contacting AILA and similar organizations
Thanks for clarifying the issue about contacting AILA and similar organizations
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anilnag
03-29 12:44 AM
Guys MY PD is feb 2008. I am recently watching vias bulletins. I am in EB2.
Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.
What are your thoughts, is it worth filing in EB2?
I think it's worth filing in EB2 if you can. The way spillover is working right now, EB2 India is greatly benefitted. Also whatever data someone got from USCIS (through senator inquiry), there are less EB2 India pending (~50,000) than EB3 (~70,000) until July 2007.
Last year India EB2 got ~15000 visa numbers. If the trend continues then within 3 years India EB2 cutoff will reach 2007. This is way better than EB3I, which I don't think will cross even 2003 within next 3 years.
Please contribute for FOIA cause, which will give us more data for predictions. Hopefully we can predict with 80% or better accuracy once FOIA data is with us..
Based on my watching previous visa bulletions ( after sep 2008) I dont see that it makes major difference if you file in EB3 or EB2.
Both are backloged very much and sincearly I dont hope inspite on being in EB2, I will get EAD or GC till 2015.
What are your thoughts, is it worth filing in EB2?
I think it's worth filing in EB2 if you can. The way spillover is working right now, EB2 India is greatly benefitted. Also whatever data someone got from USCIS (through senator inquiry), there are less EB2 India pending (~50,000) than EB3 (~70,000) until July 2007.
Last year India EB2 got ~15000 visa numbers. If the trend continues then within 3 years India EB2 cutoff will reach 2007. This is way better than EB3I, which I don't think will cross even 2003 within next 3 years.
Please contribute for FOIA cause, which will give us more data for predictions. Hopefully we can predict with 80% or better accuracy once FOIA data is with us..
logiclife
05-29 11:14 AM
Kavya Shivshankar won the spelling bee 2009
http://www.cnn.com/2009/US/05/28/national.spelling.bee/
I watched the entire fiinal. Apart from kavya my favorites were Kyle Mou and Tim ruiter. This was Kyle's last chance, but I hope Tim wins next year.
Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?
I hope after watching this, americans should now have no doubts that imiigrants are here not because they work for less but because they are good at what they do and they are hard working people.
This whole spelling bee thing is the stupidest thing I have ever heard of. By any standards, it is pure and simple torture to subject the kids to memorizing thousands of words and their stupid spellings. And what use is that? Have they never heard of something called SPELL-CHECK in Microsoft Word and other email services ?
Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.
Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.
85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.
What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.
The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.
http://www.cnn.com/2009/US/05/28/national.spelling.bee/
I watched the entire fiinal. Apart from kavya my favorites were Kyle Mou and Tim ruiter. This was Kyle's last chance, but I hope Tim wins next year.
Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?
I hope after watching this, americans should now have no doubts that imiigrants are here not because they work for less but because they are good at what they do and they are hard working people.
This whole spelling bee thing is the stupidest thing I have ever heard of. By any standards, it is pure and simple torture to subject the kids to memorizing thousands of words and their stupid spellings. And what use is that? Have they never heard of something called SPELL-CHECK in Microsoft Word and other email services ?
Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.
Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.
85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.
What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.
The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.
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punjabi
09-22 12:07 AM
Sorry, but I don't agree. This can get annoying. Sending flowers was a different thing a super brilliant idea...but bath-stoppers...where will the USCIS Director forward those?
:-)
:-)
more...
gunsnkars
07-19 11:54 AM
If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!
gg_ny
04-03 02:32 PM
Hi Ragz4u,
This is THE time to stop answering negative mails,and convincing chronic doubters. It definitely distracts. Maybe until the bills gets to voting on the Senate floor, we should all unilaterally stop spilling out our doubts and apprehensions on to the forum. Any serious chronic and obsessive doubters should write a PM to Ragz4u or any other internal contacts.
Now, coming to more useful part: Many of the universities and research institutions employ chinese and Indian postdocs and researchers on H1. Many of them sponsor GCs via EB2 and rarely EB1. Although many members here in the forum are under EB3 (isn't it?), the retrogression affects both EB2 AND EB3. The catch is, these institutions come under (many of them if not most) a category called non-profit, no cap etc. Looks like they cannot, as institutions, lobby against retrogression. I personally tried to do this in my institution but I was turned away; also my institution is very small unlike for example: University of California schools, or University of Texas schools. In all these institutions, the affected researchers work for individual Nobel laureates, accomplished professors (both chinese and Indian origin AND native born Americans) who can support the efforts. That requires a nodal point for information exchange. One side, IV can do this and on the other end, there are somethings called: postdoctoral fellow associations in many universities.
They are cataloged at: http://www.nationalpostdoc.org/
It will make more sense for an organization like IV trying to convince NPA to raise this issue than individuals like me. I have been in science for 14 years and I say from my experience.
There are two renowned science journals that talk about career issues.
The journal Science www.sciencemag.org has a portal called NextWave that deals with career issues of scientists. They frequently write about many visa issues but they need to be dealing with a resource to write about retrogression etc.
http://sciencecareers.sciencemag.org/
Another equally good portal belongs to Nature journal:
http://www.nature.com/naturejobs/magazine/index.html
Eveybody talks about retaining best talents back in US but there is no support heard from academic communites on this. So instead of answering
chronic doubters, IV should try to reach out to these organizations.
This is THE time to stop answering negative mails,and convincing chronic doubters. It definitely distracts. Maybe until the bills gets to voting on the Senate floor, we should all unilaterally stop spilling out our doubts and apprehensions on to the forum. Any serious chronic and obsessive doubters should write a PM to Ragz4u or any other internal contacts.
Now, coming to more useful part: Many of the universities and research institutions employ chinese and Indian postdocs and researchers on H1. Many of them sponsor GCs via EB2 and rarely EB1. Although many members here in the forum are under EB3 (isn't it?), the retrogression affects both EB2 AND EB3. The catch is, these institutions come under (many of them if not most) a category called non-profit, no cap etc. Looks like they cannot, as institutions, lobby against retrogression. I personally tried to do this in my institution but I was turned away; also my institution is very small unlike for example: University of California schools, or University of Texas schools. In all these institutions, the affected researchers work for individual Nobel laureates, accomplished professors (both chinese and Indian origin AND native born Americans) who can support the efforts. That requires a nodal point for information exchange. One side, IV can do this and on the other end, there are somethings called: postdoctoral fellow associations in many universities.
They are cataloged at: http://www.nationalpostdoc.org/
It will make more sense for an organization like IV trying to convince NPA to raise this issue than individuals like me. I have been in science for 14 years and I say from my experience.
There are two renowned science journals that talk about career issues.
The journal Science www.sciencemag.org has a portal called NextWave that deals with career issues of scientists. They frequently write about many visa issues but they need to be dealing with a resource to write about retrogression etc.
http://sciencecareers.sciencemag.org/
Another equally good portal belongs to Nature journal:
http://www.nature.com/naturejobs/magazine/index.html
Eveybody talks about retaining best talents back in US but there is no support heard from academic communites on this. So instead of answering
chronic doubters, IV should try to reach out to these organizations.
more...
saimrathi
07-06 11:16 AM
I wonder if that is possible.. How did your lawyer find out?
My lawyer is saying that even if you want to file I-485 now, the USCIS has advised Fedex and UPS not to deliver any mail to that PO BOX. In that case I am not sure how one could become member of the class action law suit.
My lawyer is saying that even if you want to file I-485 now, the USCIS has advised Fedex and UPS not to deliver any mail to that PO BOX. In that case I am not sure how one could become member of the class action law suit.
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nlssubbu
08-23 05:43 PM
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
For the past so many years of observing various forums and information, I did not come across the situation of pre-approval process except this time. I am sure that they will be doing various background checks to make the application ready for approval. It is not mentioned any where that how the pre-approval process is different from background checks? Are they the same or different? What processes are done during approval? I do not have any idea and hence I would like to keep the various checks and approval process separate.
If you say 'pre-approval' is to complete all the checks required the case of approval, then why they issue a notification regarding a 'pre-approval' in visa bulletine?
I hope someone will provide some information regarding these clarifications.
Thanks
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
For the past so many years of observing various forums and information, I did not come across the situation of pre-approval process except this time. I am sure that they will be doing various background checks to make the application ready for approval. It is not mentioned any where that how the pre-approval process is different from background checks? Are they the same or different? What processes are done during approval? I do not have any idea and hence I would like to keep the various checks and approval process separate.
If you say 'pre-approval' is to complete all the checks required the case of approval, then why they issue a notification regarding a 'pre-approval' in visa bulletine?
I hope someone will provide some information regarding these clarifications.
Thanks
more...
Ramba
09-05 03:34 PM
In light of the AC21 provision, this is pretty common - people change jobs using EAD and are then on AOS. Looks like the wording on AP was ignored when AC21 was being made into law. This is now biting some of the travelers.
Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?
AC21 is nothing to do with AP. In AC21, you are changing the job WITHIN US, not leaving US. There is some securty related reason, for requiring one must not leave USA when AOS is pending. AP is for a short emergency travel during AOS. Yes..it will be a pain if AOS takes many years, particularly travel issues.
Could the AP wording be changed using an administrative fix by USCIS/DOS rather than a legislative update?
AC21 is nothing to do with AP. In AC21, you are changing the job WITHIN US, not leaving US. There is some securty related reason, for requiring one must not leave USA when AOS is pending. AP is for a short emergency travel during AOS. Yes..it will be a pain if AOS takes many years, particularly travel issues.
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moosh
05-18 12:59 AM
Hi
how long will take this process in canada and how much we have to pay for this part? my lawyer told me each person $380 USD.
how long will take this process in canada and how much we have to pay for this part? my lawyer told me each person $380 USD.
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ivslave
09-11 05:37 PM
###
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CWYGC
03-03 06:21 PM
Will send check out this weekend.
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delhirocks
07-21 03:25 PM
exactly...
My interpretation: the vote was not on Cornyn's amendment; in response to a Point of Order raised, there was a motion to waive the Budget Act for Cornyn's amendment (the Budget Act requires 60 "Yes" votes to bring to the floor amendments to appropriation bills); if 60 senators had voted "Yes" (and agreed to waive the Budget Act requirement for Cornyn's amendment), then a vote on the actual amendment would only have required a simple majority. But because only 55 voted "Yes", the amendment failed to obtain the waiver; it was out of order because it did not qualify as an amendment to this bill.
Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.
My interpretation: the vote was not on Cornyn's amendment; in response to a Point of Order raised, there was a motion to waive the Budget Act for Cornyn's amendment (the Budget Act requires 60 "Yes" votes to bring to the floor amendments to appropriation bills); if 60 senators had voted "Yes" (and agreed to waive the Budget Act requirement for Cornyn's amendment), then a vote on the actual amendment would only have required a simple majority. But because only 55 voted "Yes", the amendment failed to obtain the waiver; it was out of order because it did not qualify as an amendment to this bill.
Because 40 Dems voted no on the waiver does not mean they are opposed to the amendment; they just did not want to vote on this amendment on this bill.
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NWISE
05-27 06:17 PM
Interesting... someone doesn't like my post. Just wondering if it's those Anties?
Didn't think my suggestion was that good that it merit your attention ;)
Just so you know... I don't give two hoots for those red dots but thought I'll let you know: we're slow to get together but eventually we'll roll all over you :p
Didn't think my suggestion was that good that it merit your attention ;)
Just so you know... I don't give two hoots for those red dots but thought I'll let you know: we're slow to get together but eventually we'll roll all over you :p
more...
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gimme_GC2006
10-07 01:35 PM
Nov 2008 bulletin....In My dreams...
EB2 India, move to Dec 2005 :D:D:D
EB2 India, move to Dec 2005 :D:D:D
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GCNirvana007
08-24 04:09 PM
Are there any transfered cases which got approved? I am yet to see one. My service center is TSC but my case starts with WAC as it was sent to Calif for data uploading ...my bad luck...I will be current next month but i doubt any transfered cases will get approved...
just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)
SoP
Your case might just be a coincidence unless we have lot of transferred cases not being approved. Speaking of which we see this handle Visual whose PD is Jan 03.
If transferred case is the road block, you guys have a strong case to raise, even legal action.
just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)
SoP
Your case might just be a coincidence unless we have lot of transferred cases not being approved. Speaking of which we see this handle Visual whose PD is Jan 03.
If transferred case is the road block, you guys have a strong case to raise, even legal action.
more...
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desi3933
06-25 10:24 AM
Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm#q8
>> Must an H-1B alien be working at all times?
No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.
Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.
Not a legal advice
-----------------------
desi3933 at gmail.com
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm#q8
>> Must an H-1B alien be working at all times?
No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.
Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.
Not a legal advice
-----------------------
desi3933 at gmail.com
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pd_recapturing
02-06 10:14 AM
AC21 can be as safe as a any normal 485 case so do not worry. Its classic case of USCIS ignorance on AC21. I would say, hire a good lawyer and prepare for a MTR. I have seen Ron Gotcher as a very prominent proponent of AC21 rules. You can take his help. I used AC21 and got GC approved without any hiccups. My case was handled by Ron and I have been completely satisfied with his services.
PS: I am not affiliated to Ron in any way. This is my personal experience.
PS: I am not affiliated to Ron in any way. This is my personal experience.
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franklin
08-22 07:38 PM
Thanks for your reply. Everybody else is just teasing and making fun instead of answering a simple question.
(1) Are these steps taken in a sequence?
(2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
(1) Are these steps taken in a sequence?
(2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
desi3933
06-19 10:22 AM
Nice information. Could you tell me what precautions I have to take now while filing my 485 if if I have intended to use AC21.
Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.
Do I need 140 copy that time too?
Not Needed, but nice to have.
Again thank you very much for your response.
You are welcome. Good Luck.
See above in Blue.
Please verify details with your lawyer/attorney. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Nothing. Just intent to work for sponsoring employer permanently. This intent can, however, change after 180 days of filing I-485 (if it is still pending). Important: This intent should not change until 180 days.
Like what documents I need that time?
New Employment Verification Letter from new current (or future) employer and letter to USCIS notifying that you are invoking AC-21.
Do I need 140 copy that time too?
Not Needed, but nice to have.
Again thank you very much for your response.
You are welcome. Good Luck.
See above in Blue.
Please verify details with your lawyer/attorney. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
hanu_78
10-01 07:40 AM
Hi,
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
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