ilwaiting
04-25 11:37 AM
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"
Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.
So I would think it would very wise to be given a PD based on when a person started working on "H"
Coming in through H1 does'nt show your intention of becoming a permanent resident of this country. It only happens when the LC is applied. Although the entry date is an ingenious way, it will only create more issues. Now some one who comes in F1 can also ask for the same benefit when they move to H1, to take their entry date in F1 as their priority date. I believe the culprits are the labor substitution and the labor certification sales. Those are unfair. Stop labor substitutions, and if they need one, then use the 140 RD as the PD. That should solve most of the problems and people from using labor sub to jump the line.
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ItIsNotFunny
10-21 04:41 PM
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
I understand what you say but interpretation differs from IO to IO. It still goes to chances....
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
I understand what you say but interpretation differs from IO to IO. It still goes to chances....
inskrish
08-17 03:12 AM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
For Disclaimers: on step (1), x is also a random number, and the coin used on step (4) by USCIS may sometimes have neither tail nor head..:D
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
For Disclaimers: on step (1), x is also a random number, and the coin used on step (4) by USCIS may sometimes have neither tail nor head..:D
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eb3_nepa
07-14 01:33 PM
sent $10.00 instead of $5 to make up for someone that doesn't.:)
Used Bank Bill Pay Conf : 119124506
WAY to go hariswaminathan. THAT is the spirit.
Used Bank Bill Pay Conf : 119124506
WAY to go hariswaminathan. THAT is the spirit.
more...
ca_immigrant
05-14 02:12 PM
just called
Senator Scott Brown (R-Massachusetts)
(202) 224-4543
I must say since it was my first call I was fumbling for the words...-:) even though I had pappu's message in front....
but the person at the other ed heard patiently and said thank you !!
forgot to ask what the senator stand on it was...
everybody go for it call all the senators !!! I will call more...now
Senator Scott Brown (R-Massachusetts)
(202) 224-4543
I must say since it was my first call I was fumbling for the words...-:) even though I had pappu's message in front....
but the person at the other ed heard patiently and said thank you !!
forgot to ask what the senator stand on it was...
everybody go for it call all the senators !!! I will call more...now
ash0210
06-02 05:24 PM
As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.
In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.
Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.
Pl be advised to consult your immigration lawyer...
Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
Thanks
more...
gaz
09-12 12:10 PM
three different ways of doing this
1) use a provider - http://www.balloonsbymail.com/
2) leave it to an act of God - http://en.wikipedia.org/wiki/Balloon_mail
3) hold a balloon protest (eg. http://washingtonsquarepark.wordpress.com/2008/03/14/report-back-from-washington-sq-park-balloon-protest-313/)
4) others?
Thats is also not a bad Idea. But how the logistic will work. i,e how we will inflate and deliver those balloons
1) use a provider - http://www.balloonsbymail.com/
2) leave it to an act of God - http://en.wikipedia.org/wiki/Balloon_mail
3) hold a balloon protest (eg. http://washingtonsquarepark.wordpress.com/2008/03/14/report-back-from-washington-sq-park-balloon-protest-313/)
4) others?
Thats is also not a bad Idea. But how the logistic will work. i,e how we will inflate and deliver those balloons
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rajarao
09-10 07:28 AM
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Great Job TSC/NSC and DOS.
One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Great Job TSC/NSC and DOS.
One day 2006 applications are approved and next month you go into stone ages. What a wonderful system....
more...
pappu
08-02 11:38 AM
When you have these news articles ready...one of the easiest way to circulate them is using a news wire agency.
I have used http://www.prweb.com/ before for my company news releases. It is free and if you want a broader reach pay $80. It is very effective.
It is a good idea to release it when something related to immigration is going on in senate or house. During this time, all major news network pickup articles from these wires based on keywords like "immigration, border issue etc"
So make sure you add appropriate keywords when you do the release.
Thank you for the suggestion. Having a press release is a good idea when IV does something or any legislative event happens, IV can issue a press release at that time with an opinion.
I have used http://www.prweb.com/ before for my company news releases. It is free and if you want a broader reach pay $80. It is very effective.
It is a good idea to release it when something related to immigration is going on in senate or house. During this time, all major news network pickup articles from these wires based on keywords like "immigration, border issue etc"
So make sure you add appropriate keywords when you do the release.
Thank you for the suggestion. Having a press release is a good idea when IV does something or any legislative event happens, IV can issue a press release at that time with an opinion.
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Kodi
06-04 01:38 PM
company size, Ability to pay issues, H1B dependent company, If any greencard denials have happened in the past, degree+ experience issue, labor subs...
Thanks Pappu. I will check with my lawyer before we file.
Thanks Pappu. I will check with my lawyer before we file.
more...
vallabhu
01-05 09:40 AM
My cousin filed her application in May 2003 from vermont, the case was shipped to Phil and se got her approval in September 2005.
I guess they are curently processed November 03'
I guess they are curently processed November 03'
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mmk123
05-03 02:09 PM
Just called offices of the following senators, spoke with the assistants, explained my position and left a message. Most of them have no position yet till more details about the legislation comes in. As details unfold in nearby future, I will actually try to go meet my local senators - they are key for this legislation. Last yr, I had met my local congressman's assistant.
Senator Scott Brown (R-Massachusetts)
Senator Judd Gregg (R-New Hampshire)
Senator Richard Lugar (R-Indiana)
Senator Jim Webb (D-Virginia)
Senator Sheldon Whitehouse (D-Rhode Island)
Senator Amy Klobuchar (D-Minnesota)
Senator John Cornyn (R-Texas)
Thanks!
Senator Scott Brown (R-Massachusetts)
Senator Judd Gregg (R-New Hampshire)
Senator Richard Lugar (R-Indiana)
Senator Jim Webb (D-Virginia)
Senator Sheldon Whitehouse (D-Rhode Island)
Senator Amy Klobuchar (D-Minnesota)
Senator John Cornyn (R-Texas)
Thanks!
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07-13 01:35 PM
Simi Valley
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msp1976
01-10 03:14 PM
Interesting comment.....
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
I think as much punya is done in this country as there is a quest of bhoga
Every one says that they are going back in a few years...I am yet to meet someone who says they would not go back no matter what...
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
I think as much punya is done in this country as there is a quest of bhoga
Every one says that they are going back in a few years...I am yet to meet someone who says they would not go back no matter what...
more...
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ickeys
07-29 10:02 AM
Hi, the website says my case was certified but my employer and my lawyer did not receive the hard copy yet. It got certified July 17. How long does it take for me to receive it? What should I do?
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gcwatchdog
11-05 05:04 PM
So far lot of discussions on how to start LLC/Inc
but how to start a company without changing current status
Here is my status:
My wife and I are on H1 and we got our EAD's now the question are:-
My wife remains on her H1 for safe....until we get GC.
Is it possible me to stay on H1 and start a LLC using my EAD to do a parttime business ?
Please provide Pros and cons if any.....
Thanks
but how to start a company without changing current status
Here is my status:
My wife and I are on H1 and we got our EAD's now the question are:-
My wife remains on her H1 for safe....until we get GC.
Is it possible me to stay on H1 and start a LLC using my EAD to do a parttime business ?
Please provide Pros and cons if any.....
Thanks
more...
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pappu
08-12 11:40 AM
All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
I wish the Democrats lose big time and lose their hold from Senate and house.
They could have done this and re-captured visas with additional fees or whatever. And called it greencard fraud fees it that makes them happy. But the fact is they did not want to do anything to give relief to Immigrants. Recapture (hundreds of thousands of visas) would have significantly helped helped retrogressed countries like EB3 India, China, ROW and EB2 India China. They can take additional fees as long as we know the recapture is being done.
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GCard_Dream
07-06 01:00 PM
I see that we all are very busy fighting amongst ourselves. Did all of you get a chance to "Digg" the story so it gets maximum publicity possible? This is the only story so far that carefully analyzes the 485 fiasco and longer it runs the better it will be for us.
Please take a min and digg it. You'll be doing yourself a favor.
Please take a min and digg it. You'll be doing yourself a favor.
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Libra
09-10 02:10 PM
himu73, iqube00, desperatedesi for your contributions and efforts. And thanks Harivinder for your contribution and suggestion, IV is working on those banners.
hebron
03-04 03:08 PM
Its about late registered birth certificate... They want some secondary evidence...
Hi TomTancredo (even though I hate the real Tancredo, you seem to be a good person :)),
This is exactly why I asked you if you could share the details of your RFE. My attorney had asked me to submit affidavits from my parents since I did not have birth ceritificate. Is this the same issue with yours? Could you share the details if you don't mind?
Thank you.
Hi TomTancredo (even though I hate the real Tancredo, you seem to be a good person :)),
This is exactly why I asked you if you could share the details of your RFE. My attorney had asked me to submit affidavits from my parents since I did not have birth ceritificate. Is this the same issue with yours? Could you share the details if you don't mind?
Thank you.
pd_recapturing
10-17 08:31 AM
nk2000,
Thanks a ton for opening up this new thread. I am going to send the letters.
pd_recapturing
Thanks a ton for opening up this new thread. I am going to send the letters.
pd_recapturing
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