BharatPremi
03-14 01:39 PM
What about cases in 2004? not many?
A: (1) Remember 2003 start to 2004-mid were the years even just joined
paralegal was forcing you to apply under EB3 and that is in non rir and
that phenomenon was across board from east coast to west. So many
highly skilled people were also in EB3 queue. Many of them have
switched back to EB2 during PERM start era. But this is the period
where "tons" of EB3 were created and hence considerable files are still
in wait mode.
And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?
A: In my opinion it will move average 2-3 months ahead every month till Sept
08 and Oct 08 should jump it beyound 2004 and by end of Dec 2008 it
should be at 2004- mid "At least".
Answer within quots
A: (1) Remember 2003 start to 2004-mid were the years even just joined
paralegal was forcing you to apply under EB3 and that is in non rir and
that phenomenon was across board from east coast to west. So many
highly skilled people were also in EB3 queue. Many of them have
switched back to EB2 during PERM start era. But this is the period
where "tons" of EB3 were created and hence considerable files are still
in wait mode.
And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?
A: In my opinion it will move average 2-3 months ahead every month till Sept
08 and Oct 08 should jump it beyound 2004 and by end of Dec 2008 it
should be at 2004- mid "At least".
Answer within quots
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rinkurazdan
05-31 10:44 AM
no news is good news until we see this beeing duiscusse don the floor of the senate...
so plese keep webfaxing, emailling, calling and contributing...
We need to keeep the momentum going.
so plese keep webfaxing, emailling, calling and contributing...
We need to keeep the momentum going.
kevinkris
02-12 06:00 PM
You are right. The stakes are high..
All Please visit http://www.plant-trees.org where you can
plant a tree for a dime.
Kris
Too late in the game. Lets just finish up what we've started. I believe in go green (I pledged not to buy another box of ziplocs) , but if 25000 sheets of paper will bring me my fixes, I don't mind planting 20 trees to make up for it.
All Please visit http://www.plant-trees.org where you can
plant a tree for a dime.
Kris
Too late in the game. Lets just finish up what we've started. I believe in go green (I pledged not to buy another box of ziplocs) , but if 25000 sheets of paper will bring me my fixes, I don't mind planting 20 trees to make up for it.
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Green_Always
09-18 10:06 AM
Only god knows what processes, rules and regulations they follow. I am glad that i am maintaining H1B status with my I-485 and never used EAD.
Its just so disturbing that you are at the mercy of USCIS who didn't know anything about how to look and process the application.
when you use AC21 it means you used EAD right ?
How can you use AC21 and still be on H1 ? could you give us more info on this pls.
Its just so disturbing that you are at the mercy of USCIS who didn't know anything about how to look and process the application.
when you use AC21 it means you used EAD right ?
How can you use AC21 and still be on H1 ? could you give us more info on this pls.
more...
Legal
06-20 09:33 AM
I doubt if the house is going to toe the senate line on the CIR. The new bill that has been introduced in the House is seen as a rebuke to Bush, directly contradicting the Senate version. I think this CIR will be killed in the house if it somehow passes the Senate.
http://www.latimes.com/news/nationworld/nation/la-na-immig20jun20,0,3608273.story?coll=la-home-center
House minority (Repub) has very little power to block anything. In the Senate, one Senator can hold the proceedings ("filibuster") and kill the entire legislation. That's why they often talk about a filubuster-proof majority in the Senate. House members have no such powers.
In the house the majority party determines just about everything. However, since some moderate dems may not support the immig bill they do need some repub votes even to attain a simple majority to pass the bill. They may try to add more restrictrictive provisions against illegals to get some repub votes.
Eventually , the extreme right wing in the house is likely to go down kicking and screaming.
Unlike many members here I'm not that pessimistic about our chances in the house since the Chairman of the House Immig sub-comittee Zoe Lofgren is pro-immigrant.
http://lofgren.house.gov/biography.shtml
http://www.latimes.com/news/nationworld/nation/la-na-immig20jun20,0,3608273.story?coll=la-home-center
House minority (Repub) has very little power to block anything. In the Senate, one Senator can hold the proceedings ("filibuster") and kill the entire legislation. That's why they often talk about a filubuster-proof majority in the Senate. House members have no such powers.
In the house the majority party determines just about everything. However, since some moderate dems may not support the immig bill they do need some repub votes even to attain a simple majority to pass the bill. They may try to add more restrictrictive provisions against illegals to get some repub votes.
Eventually , the extreme right wing in the house is likely to go down kicking and screaming.
Unlike many members here I'm not that pessimistic about our chances in the house since the Chairman of the House Immig sub-comittee Zoe Lofgren is pro-immigrant.
http://lofgren.house.gov/biography.shtml
franklin
09-25 04:30 PM
Thanks, Andy. So, 80K LCs a year, 10%-15% of them will probably never get to AOS stage, 20% of those were duplicates (for people with petitions stuck in the backlog centers), so we are talking about 50-55K new labor certificates each year that will result in I-485. This is very consistent with 85K new capped H1Bs plus whatever number of exempt (non-profit research) H1Bs every year. So, we are talking about 100-110K total AOS applications (with dependents). Now lets take 140,000 EBs, substract Schedule A and EB1 (no need for LC), and there is probably 10K extra EB visas should be left over each year (quota less new potential EB petitions). Those are probably going to land in EB3 ROW. That means the retrogression will become less severe. What we are experiencing right now, is the rabbit that moves through the snake - the EB petitions resulting from a higher H1 cap several years ago.
Let us not also forget that current estimates are that there are 1.1 million applications pending at all stages of the green card process. Notwithstanding the new additions each year.
Not looking quite so quick still, I remain unconvinced that things will speed up.
Let us not also forget that current estimates are that there are 1.1 million applications pending at all stages of the green card process. Notwithstanding the new additions each year.
Not looking quite so quick still, I remain unconvinced that things will speed up.
more...
jchan
02-14 03:25 PM
dear hydboy77, after reading your posts, I agree with another member -- that you have totally different goals and concerns from the pre-application of AOS. It would be the best to start a new thread for your concerns, and leave this thread soles for AOS pre-application.
Getting rid of semilar\same job requirement is going to be as easy or as difficult as getting prefiling AOS.
Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.
I understand you are not being selfish but why would anybody want to use EAD instead of H1 other than for getting rid of visa stamping purposes. The overwhelming majority of people are going to use EAD to switch jobs because of layoff . When people are transfering H1b because of layoffs they are getting rfe\denial notices, when you move from H1b to EAD because of layoff USCIS might hit you with the same\semilar job rfe (when you file ac21, when previous employer revokes H1 or I140), that is my point.
Getting rid of semilar\same job requirement is going to be as easy or as difficult as getting prefiling AOS.
Getting rid of same\semilar job is not semilar to getting to green card. If you are a software person then you can put a restriction that you have to work in a software related job, in the same way if you a civil engineer then you should work in the civil engineering field. But the way USCIS does same\semilar job is job code match, responsibilities match etc etc etc, the problem with this is it is a very grey area, it is almost like doing labor all over again. It has not become that bad yet but it will sooner or later, how many H1b rfe\denials did you know in the last 2 years, I bet there are more H1 denials in the last 2 months than the whole of last 4 years.
I understand you are not being selfish but why would anybody want to use EAD instead of H1 other than for getting rid of visa stamping purposes. The overwhelming majority of people are going to use EAD to switch jobs because of layoff . When people are transfering H1b because of layoffs they are getting rfe\denial notices, when you move from H1b to EAD because of layoff USCIS might hit you with the same\semilar job rfe (when you file ac21, when previous employer revokes H1 or I140), that is my point.
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aa_ke_phas_gaya
01-12 04:44 PM
To me the long wait and inaction of government to do something about it is human rights violation.
A person works for 10 or more years in this country and is bound by it's employer's wish for such a long period of time is a human rights violation.
Government may create laws but it is also a responsibility of government to provide remedy to a problem caused by the law.
It's a clear indication that US government don't care about the long delays. The only solution to this is change in quota law for EB category or some special executive decision to end the delays. We must STRONGLY PROTEST GOVERNMENT'S INACTION. Should that be a court action or a public demonstration. I will contribute to both the actions.
So my question to you all, can we take action on the basis of Human Rights Violation or Indirect Slavery?
A person works for 10 or more years in this country and is bound by it's employer's wish for such a long period of time is a human rights violation.
Government may create laws but it is also a responsibility of government to provide remedy to a problem caused by the law.
It's a clear indication that US government don't care about the long delays. The only solution to this is change in quota law for EB category or some special executive decision to end the delays. We must STRONGLY PROTEST GOVERNMENT'S INACTION. Should that be a court action or a public demonstration. I will contribute to both the actions.
So my question to you all, can we take action on the basis of Human Rights Violation or Indirect Slavery?
more...
Canadianindian
06-12 08:04 PM
Can anyone confirm if the following is the right source for filing address:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
The reason I ask is that the instructions form for 131 has a different address.
http://www.uscis.gov/files/form/I-131instr.pdf
Thank you.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
The reason I ask is that the instructions form for 131 has a different address.
http://www.uscis.gov/files/form/I-131instr.pdf
Thank you.
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needhelp!
02-07 02:18 PM
If you help us with the campaign, we won't need to extend it anymore.
If you extend the deadline anymore, you should change the name
If you extend the deadline anymore, you should change the name
more...
stucklabor
03-19 05:53 PM
PD, I don't agree with the phrasing of the new Labor Cert clause. That is not how I read Frist's bill. Did you make up the new labor cert clause yourself?
Will advanced degree holder need labor certification?
I think they will. Here is how the new labor certification clause will read:
So labor certification is required for advanced degree holder in STEM with 3 years of US experience prior to applying will be treated as special a case.
Also, this clause says that the degree has to be from a US university. I think Attorney Mathew Oh is wrong in saying that graduate degree holders in STEM from foreign universities can apply too.
Will advanced degree holder need labor certification?
I think they will. Here is how the new labor certification clause will read:
So labor certification is required for advanced degree holder in STEM with 3 years of US experience prior to applying will be treated as special a case.
Also, this clause says that the degree has to be from a US university. I think Attorney Mathew Oh is wrong in saying that graduate degree holders in STEM from foreign universities can apply too.
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kalyan
06-20 10:54 AM
With LC substitution Going away and 45 days between LC and I-140 and people able to apply in July for i-485 , with in next 3 months, INS will have a good knowledge how many are pending and how many years it will take .
Poeple should be able to get EAD and enjoy their time.
More H4's armed with EAD will enter the job market, Guess, more Testers, Java, .net developers driving the billing rates down and too much of unexpected mess
Get ready
Poeple should be able to get EAD and enjoy their time.
More H4's armed with EAD will enter the job market, Guess, more Testers, Java, .net developers driving the billing rates down and too much of unexpected mess
Get ready
more...
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sanjay
05-24 08:59 AM
I was in India for all one month and just logged on today to IV and added my $100 towards fund drive.
Transaction ID: 7RH748280R3158733
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Will do same again in June first week.
Transaction ID: 7RH748280R3158733
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966
Will do same again in June first week.
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bkn96
12-09 10:13 PM
Great news. I am in smilar case, My MTR is filed 10days ago and waiting for case to reopen.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
Ram, Did you work during 7 weeks? Some attorneys suggest not to work.
more...
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nareshg
06-14 12:05 PM
Maybe one can get a birth certificate from Consulate General of India here in the US ?
Here is a link to the one in SFO...and it talks of applying for the birth certificate...
http://www.cgisf.org/visa/indian_services.html#mis-bc
http://www.cgisf.org/
Here is a link to the one in SFO...and it talks of applying for the birth certificate...
http://www.cgisf.org/visa/indian_services.html#mis-bc
http://www.cgisf.org/
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reve23
07-07 02:18 PM
com 'on. H4 process is known as Dependent Visa. You knew this before getting your "Babli" to the US. Let H4 prove the Credentials and Get H1 and then start seeing "Green".
Nobody asked you to get married :)[/QUOTE]
I really take exception to that comment. I have 2 Masters degrees (one from the US)...unfortunately they are not in Engineering/Science. What people don't seem to realize is that it is extemely difficult to get an H1-B if you are from a Humanities/Liberal Arts background. I'm a teacher and there are jobs in my field...the only problem is that school districts/community colleges/universities are unwilling to sponsor H1-Bs!
Nobody asked you to get married :)[/QUOTE]
I really take exception to that comment. I have 2 Masters degrees (one from the US)...unfortunately they are not in Engineering/Science. What people don't seem to realize is that it is extemely difficult to get an H1-B if you are from a Humanities/Liberal Arts background. I'm a teacher and there are jobs in my field...the only problem is that school districts/community colleges/universities are unwilling to sponsor H1-Bs!
more...
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mrajatish
03-21 09:42 AM
I absolutely do not agree that it will do more harm - given the current situation where every country is backlogged in EB3, and EB2 for India/China is also severely backlogged, there is very little chance that India and China can have more than 10000 visas (7% of 140,000) issued in Fy 2006 across all of Eb1/2/3.
Current System
EB1 China/India might benefit a bit because they will be the first ones to get the visas from extra EB1 visas but then, if Specter/Frist's bill passes, many of these EB1's will get a chance to file for 485 anyway.
EB2 China/India might also benefit a little bit provided rest of the world leaves something behind.
EB3 will not benefit at all as every country is backlogged here.
Looking at FY 2005 statistics is very misleading. So, the way things are, any bill is better than no bill at all - at least we have a shot at improving the status quo we are in.
Instead of just comparing current situation with future, especially when the future is so unclear, we should try our level best to achieve the following
1. Put the clause back
2. Amendment to file 485 after 140 or labor has been approved for certain time but Visa number is not available. Emphasis should be on the total wait time for GC, so that people in BECs do not get screwed.
Put all your energy and efforts in achieving these and we will not see retrogression for many years. My goal is not to dissuade people from the comparison - it is a healthy exercise, but now that we know what the pros and cons are, let us work together to solve.
Current System
EB1 China/India might benefit a bit because they will be the first ones to get the visas from extra EB1 visas but then, if Specter/Frist's bill passes, many of these EB1's will get a chance to file for 485 anyway.
EB2 China/India might also benefit a little bit provided rest of the world leaves something behind.
EB3 will not benefit at all as every country is backlogged here.
Looking at FY 2005 statistics is very misleading. So, the way things are, any bill is better than no bill at all - at least we have a shot at improving the status quo we are in.
Instead of just comparing current situation with future, especially when the future is so unclear, we should try our level best to achieve the following
1. Put the clause back
2. Amendment to file 485 after 140 or labor has been approved for certain time but Visa number is not available. Emphasis should be on the total wait time for GC, so that people in BECs do not get screwed.
Put all your energy and efforts in achieving these and we will not see retrogression for many years. My goal is not to dissuade people from the comparison - it is a healthy exercise, but now that we know what the pros and cons are, let us work together to solve.
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nonimmi
03-20 03:30 PM
Considering a new labor is approved in EB2 (through same or different employer), can another I-140 be filed with older EB3 PD? In that case what happens to already filed I-485 application (EB3)? Can it be adjusted with new I-140 in EB2? I was wondering if anyone has done that.
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delax
07-15 03:49 PM
It 'll not be in 2004 file ..check 2007 - when your Labor got approved.
To the best of my knowledge the 2007 file contains only PERM cases. There are no BEC or Pre-PERM cases in any MDB file dated 2005 or later. The files seem to be organized based on PD and not approval date. I still dont find my labor. I am the only GC applicant from my company and my position is a non-IT position so it should be relatively easy to find.
To the best of my knowledge the 2007 file contains only PERM cases. There are no BEC or Pre-PERM cases in any MDB file dated 2005 or later. The files seem to be organized based on PD and not approval date. I still dont find my labor. I am the only GC applicant from my company and my position is a non-IT position so it should be relatively easy to find.
Happyday
06-26 12:05 PM
Passes
64 Ayes
35 Nos
The Bill Goes Fwd
Recess till 2.15 PM
64 Ayes
35 Nos
The Bill Goes Fwd
Recess till 2.15 PM
Canadian_Dream
12-01 01:54 PM
I think this an interesting discussion in the forum in a long long time. Allow me to jump in.
1. For those with labor stuck in BEC's, file PERM (2 months) +I-140 Premium Processing (10 days). Get a three years extension and move on to a new job. A new job always involve new challenges and learning is an excellent way to channel your energies. Point being there is a way out of the mess !!!
For others invoke AC-21 in I-485 stages.
2. Studying is another very good idea. What you study should be your personal decision. Doing MBA, or Acquiring new technical skill at local Universtiy or certifications (CCNA/CCIE/PMP). There are always things to learn and a good way to advance your career without GC.
3. For non-working spouses there is very little they can do, but Non-Profits is way to start and see if you can get an H1B later from the same or a new employer.
In nutshell you can cope up with this frustration by taking control of things that you can !!! Do not let this mess affect you more that what it should be.
For the rest let's help IV in any way we can. Have a good weekend.
1. For those with labor stuck in BEC's, file PERM (2 months) +I-140 Premium Processing (10 days). Get a three years extension and move on to a new job. A new job always involve new challenges and learning is an excellent way to channel your energies. Point being there is a way out of the mess !!!
For others invoke AC-21 in I-485 stages.
2. Studying is another very good idea. What you study should be your personal decision. Doing MBA, or Acquiring new technical skill at local Universtiy or certifications (CCNA/CCIE/PMP). There are always things to learn and a good way to advance your career without GC.
3. For non-working spouses there is very little they can do, but Non-Profits is way to start and see if you can get an H1B later from the same or a new employer.
In nutshell you can cope up with this frustration by taking control of things that you can !!! Do not let this mess affect you more that what it should be.
For the rest let's help IV in any way we can. Have a good weekend.
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