jasguild
07-17 12:11 PM
If USCIS wastes about 10K-20K visa numbers every year, then they are wasting about 10% every year. This 10% is consistent with the amount FBI name-check backlogs.
I am not sure either way but one thing to keep in mind. The FBI estimate is based on 10% of ALL petitions including family petitions. If you would isolate just the EB petitions, the percentage that the FBI flags is much less than 10%
But again I am just repeating what I read. So you could be right.
jasquil
I am not sure either way but one thing to keep in mind. The FBI estimate is based on 10% of ALL petitions including family petitions. If you would isolate just the EB petitions, the percentage that the FBI flags is much less than 10%
But again I am just repeating what I read. So you could be right.
jasquil
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sk2006
05-06 12:05 AM
... it is too late to link immigration with housing ..it did pick up some steam as shiller and others discussed it ,...
Shiller is smart but I think he is confusing the word 'Immigrant' with the word 'stupid'.
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
Shiller is smart but I think he is confusing the word 'Immigrant' with the word 'stupid'.
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
sanju
09-09 10:50 AM
My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.
It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.
It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.
It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.
It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.
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GCard_Dream
05-29 04:35 PM
I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.
And I thought it could not be worse than what we already got :(
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
And I thought it could not be worse than what we already got :(
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
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Libra
07-21 02:43 PM
E-filed: July 9th 2008
Received Paper receipt and FP notice within a week.
FP: Aug 2nd 2008 (Scheduled on)
Status Pending
Received Paper receipt and FP notice within a week.
FP: Aug 2nd 2008 (Scheduled on)
Status Pending
hiralal
05-06 07:18 AM
Shiller is smart but I think he is confusing the word 'Immigrant' with the word 'stupid'.
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
he is smart but his idea was stupid ..why will they allow anyone to come to US and give him GC on the first day just because he purchased a house ??
also the reality has changed somewhat as US loses its charm somewhat ..and as other countries become better ..many will not come and buy a house.
maybe we should have a campaign (or should have had a campaign) telling shiller that forget newcomers ..there are million of well to do immigrants in US who would buy a house EVENTUALLY if their GC's were to be processed faster !!
I am an immigrant and why should I buy an unaffordable over priced house which no American is willing to buy?
he is smart but his idea was stupid ..why will they allow anyone to come to US and give him GC on the first day just because he purchased a house ??
also the reality has changed somewhat as US loses its charm somewhat ..and as other countries become better ..many will not come and buy a house.
maybe we should have a campaign (or should have had a campaign) telling shiller that forget newcomers ..there are million of well to do immigrants in US who would buy a house EVENTUALLY if their GC's were to be processed faster !!
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smc
09-01 09:43 PM
My understanding is that you need to be 65 in order to be eligible for SS benefits.
Zephyr, how old are you and why are you here?
Moderators, please check this persons other posts. They will tell you plenty about his/ her agenda.
Zephyr, how old are you and why are you here?
Moderators, please check this persons other posts. They will tell you plenty about his/ her agenda.
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naushit
12-12 04:23 PM
I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.
The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.
possible?? maybe!!
My understanding is (50% confidence level) , Number for next quarter ( JAN-FEB-MARCH) are already released, and accounted in this Bulletin. My logic is Oct-Nov-Dec was the 1st quarter, and thats why there was change in Oct Bulletin, If this is true...then we should not expect any change in FEB and March bulletin.
I hope I am wrong. please confirm!
The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.
possible?? maybe!!
My understanding is (50% confidence level) , Number for next quarter ( JAN-FEB-MARCH) are already released, and accounted in this Bulletin. My logic is Oct-Nov-Dec was the 1st quarter, and thats why there was change in Oct Bulletin, If this is true...then we should not expect any change in FEB and March bulletin.
I hope I am wrong. please confirm!
more...
sanju
07-06 09:03 PM
Hopefull,
Why did you choose your screen name as 'Hopefull'? Are you hopeful about yourself? Or are you hopeful about others? Or may for everyone? Either way your message and tone of your post doesn't sound hopeful for anybody. Could you please consider changing your screen name to "HOPELESS"? This would help eliminate the hypocrisy due to your screen name. What do you say?
BTW, Full Time job is NOT a virtue. Kindness towards the environment you live in is a virtue. Let’s all HOPE and pray that you could gather some of the real virtues of life.
Why did you choose your screen name as 'Hopefull'? Are you hopeful about yourself? Or are you hopeful about others? Or may for everyone? Either way your message and tone of your post doesn't sound hopeful for anybody. Could you please consider changing your screen name to "HOPELESS"? This would help eliminate the hypocrisy due to your screen name. What do you say?
BTW, Full Time job is NOT a virtue. Kindness towards the environment you live in is a virtue. Let’s all HOPE and pray that you could gather some of the real virtues of life.
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ramaonline
08-07 11:14 PM
Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
485 derivative status is only available if you were married before the 485 approval not after
If someone marries after 485 approval then you need to file I130 under family category for spouse
Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident
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sledge_hammer
02-27 05:11 PM
Well my friend, don't bring your pretentious "I'm-so-great-I'm-non-judgemental-oo-la-la" BS here. If we don't make it clear in our replies that we do not condone any actions that break the law, we are just making it easier for anti-immigration people to easily point fingers at us and claim we are all drug peddlers or criminal.
I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.
As for you 24fps, think before you type!
I think its pretty immature for members to draw moral judgments and post those remarks here, all thats required is to tell the OP that this forum is for redressing Legal immigrant based issue (primarily dealing with the Green-Card delays etc), to tell the OP to take her "sob story" or " not being sorry" and pulling up moral judgments is just plan immature, period.
I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.
As for you 24fps, think before you type!
I think its pretty immature for members to draw moral judgments and post those remarks here, all thats required is to tell the OP that this forum is for redressing Legal immigrant based issue (primarily dealing with the Green-Card delays etc), to tell the OP to take her "sob story" or " not being sorry" and pulling up moral judgments is just plan immature, period.
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meridiani.planum
03-26 09:40 PM
I have my TX license till 06-2013. With the new rules, I heard that DMV's in Dallas are issuing vertical cards which has an expiration date of EAD/H1b expiry date. I recently moved to a new apartment. When i try to change the address online it is asking me to go the nearest DMV. I dont want to loose my current license which has expiry till 2013. Is it OK if i dont change my new address on my drivers license or is there a way to get my new card with the old expiration date. my current EAD expires on 10/2009.
just mail in the change of address (Snailmail)
just mail in the change of address (Snailmail)
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kak1978
06-05 10:15 AM
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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whoever
12-12 01:43 PM
I am of the opinion that EB3 India will be stuck at May 8 for a long time. The trend to follow will be that of Mexico's. By the way, only my opinion. I hope I am really really wrong. And god have mercy on us.
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guy03062
04-12 12:19 PM
I totally agree with bkarnik.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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vkallank
07-10 01:21 PM
how about a peaceful protest at CNN headquarters in Atlanta and at other CNN stations.
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bachelor
09-24 11:30 AM
YOu can surrender your GC letting know the USCICS that, it got approved when the PD was not current. I had read this on murthy.com. Browse the website to learn more about it or contact murthy.com attorney's.
How am I so sure...?? Even I am one amoung them praying for 485 not getting approved untill I get married. My PD is 2006, so I guess I don't have to worry too much.
Thanks for the reply tabletpc, but my GC was approved when the PD was current. i was wondering about the options i've to get my future wife to USA.
Thanks again
How am I so sure...?? Even I am one amoung them praying for 485 not getting approved untill I get married. My PD is 2006, so I guess I don't have to worry too much.
Thanks for the reply tabletpc, but my GC was approved when the PD was current. i was wondering about the options i've to get my future wife to USA.
Thanks again
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justAnotherFile
01-23 01:46 AM
Whats the POA?
Is the CA drive currently centered around any particular city? How many members from CA?
Is the CA drive currently centered around any particular city? How many members from CA?
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zilmax007
08-31 06:04 PM
Guys, post your comments on ABC
illusions
04-24 05:03 PM
dang....sandy_77... is this for real ? hearing your story i don't even wanna take a chance. Contact IV i'm sure they can help you. This totally doesn't make sense. I wish you luck... sooon! Please keep us posted on what's going on.
pete
12-13 03:11 PM
What you are doing is something USICS must stop!! Its wrong to jump the line and unfair on others.
Thats all!!
Pete MD
EBE2
Thats all!!
Pete MD
EBE2
