nk2006
10-21 05:24 PM
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.
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.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
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.
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
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CHHAYA
09-01 01:56 PM
Landed in Aug/2001 on H1B
Changed Employer in Apr 2002
Filed Labor May 03
Labor Approved in 06
Filed I-140 and approved in late 06
Filed I - 485 in 07
Surviving on EAD.
Changed Employer in Apr 2002
Filed Labor May 03
Labor Approved in 06
Filed I-140 and approved in late 06
Filed I - 485 in 07
Surviving on EAD.

nivasch
03-09 10:43 AM
indio0617,
U really give us min.. to min.. update, Thank you so much
Nivas
U really give us min.. to min.. update, Thank you so much
Nivas
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alterego
09-14 06:30 PM
Does anyone know how to contact NPR. They have done good pieces about this in the past.
more...

go_guy123
02-25 01:38 PM
It is easy and potentially justifiable to feel some frustration. As it relates to the green card, I am in a similar situation to most who visit and share their views on this board.
I view the Universe and everything that is contained therein to be perfect - there can be no imperfections. I find comfort in that thought and focus my attention on the following:
feeling grateful for all that I have; doing my work to the best of my ability; taking the risks I believe I should take; being resilient; enjoying my life more; being patient; caring more; comparing less
This is merely a statement of my beliefs - this works for me. It is not intended to offend anyone nor is it a solution to anyone's woes.
Good times, health, and happiness to all.
You are relatively at peace because your PD is 2005 and you are in EB2.
Moreover since you are already filed 485 and its more than 6 months you are secure.
For rest the situation is precarious
I view the Universe and everything that is contained therein to be perfect - there can be no imperfections. I find comfort in that thought and focus my attention on the following:
feeling grateful for all that I have; doing my work to the best of my ability; taking the risks I believe I should take; being resilient; enjoying my life more; being patient; caring more; comparing less
This is merely a statement of my beliefs - this works for me. It is not intended to offend anyone nor is it a solution to anyone's woes.
Good times, health, and happiness to all.
You are relatively at peace because your PD is 2005 and you are in EB2.
Moreover since you are already filed 485 and its more than 6 months you are secure.
For rest the situation is precarious

GCBy3000
07-19 04:00 PM
Yes, you can.Check with your attorney
I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?
I have a question about a unique situation of getting stuck in BEC and applying 485 with a newer PERM case. If LC is stuck in BEC at this time, but the person has a new PERM+140 from a different location and applies 485. Can this person change the priority date of 485 when the old LC from BEC gets approved, and 140 approved, to the BEC PD?
more...

sanju_dba
08-12 02:40 PM
if the 2k fee is passed over to H1 employee, then , her/his quality of life is further compromised to degrad ( in this economy as pay hike is tough ). That means more cheap labor and more competition to locals ( if thats how senator see h1 are low paid than locals )
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hopefullegalimmigrant
12-27 09:14 AM
Looks like in majority end july through August are pending the receipt of AP not to say some of the guys have still got it but they are from various service centers. Very inconstent. This is a document that has no accountability to be completed by X amount of time but we have all paid fees for it. Come vacation time and no AP, we will have to make the trip without the document. Its not that one decides to go to vacation every month. This is a losing deal for us. How do we address this delay? Infopass does not help I was told unless you decide to lie wholesale.
more...

ndbhatt
09-09 12:43 PM
My 2 cents.
From what I have read and learned from my experience, the dwelling (house/condo/apt, etc) prices are sensible and affordable (read payable) if it is between 2-3 times household annual income. I think this applies universaly with few exceptions.
Average household (family) income in India metro cities is around 6-7 INR lacs. For folks working in IT, it would be 'X' % more depending on his/her work. Let's take liberal amount of 12 lacs p.a.
This means that buying a property for price over INR 36 lacs would carry significant risk of defaulting. I have heard many of my friends give me argument that our income will grow significantly over years and should be able to manage higher loan amounts.
I am really aghast at the rate at which NRI's are investing in India. I can speak to Mumbai, where there are thousands of NRI bought properties that are vacant for years and there is no justifiable ROI. Having realised that there is no ROI due to resale or renting, sooner or later they will start pulling out their hard earned money. I wouldn't be surprised to see many foreclosures, in years to come, and RBI may have to bail out ICICI, IDBI, etc - a scenario similar to Fannie Mae and Freddie Mac.
I have thumb rule for myself - Don't buy property which is 3 times more than current annual income.
P.S. This isn't applicable for folks who have inherited a fortune. :D
From what I have read and learned from my experience, the dwelling (house/condo/apt, etc) prices are sensible and affordable (read payable) if it is between 2-3 times household annual income. I think this applies universaly with few exceptions.
Average household (family) income in India metro cities is around 6-7 INR lacs. For folks working in IT, it would be 'X' % more depending on his/her work. Let's take liberal amount of 12 lacs p.a.
This means that buying a property for price over INR 36 lacs would carry significant risk of defaulting. I have heard many of my friends give me argument that our income will grow significantly over years and should be able to manage higher loan amounts.
I am really aghast at the rate at which NRI's are investing in India. I can speak to Mumbai, where there are thousands of NRI bought properties that are vacant for years and there is no justifiable ROI. Having realised that there is no ROI due to resale or renting, sooner or later they will start pulling out their hard earned money. I wouldn't be surprised to see many foreclosures, in years to come, and RBI may have to bail out ICICI, IDBI, etc - a scenario similar to Fannie Mae and Freddie Mac.
I have thumb rule for myself - Don't buy property which is 3 times more than current annual income.
P.S. This isn't applicable for folks who have inherited a fortune. :D
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girishvar
07-11 11:02 AM
Priority Date to 2006 to me is like a flashlight in the middle of the tunnel. Whether battery will run out (retrogression again) before USCIS acting on my file is a miilion $ question.
Let us hope for the best.
I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.
Let us hope for the best.
I pray for EB3 brothers and sisters and they realizing so called american hope sooner with CIR.
more...

virtual55
07-11 11:35 AM
In VA can we extend Driving License with receipt notice of h1 extension .
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NKR
06-24 11:45 AM
1. The days of an immigrant waiting to buy a house until he gets his GC have gone. These days H1Bs r buying homes left and right. More than settling, they look at it as a business prospect. I know atleast 5 guys who r still waiting in the wings who've bought homes. Look, u know u r gonna wait until GC and u know u will get ur GC...so why not buy a house? There may be a few who'd be pessimistic about their GC applications and wud think twice b4 making a huge investment and AFAIK, that percentage is very less.
LOL, there is another thread �buying a house when 485 processing is pending�. Post the above over there and you will see that you would have stirred a hornet�s nest. People will jump on you.
RNGC,
Personally I think US is not losing as much as it is gaining by not giving us GC, but I appreciate your efforts. We are the real losers here.
LOL, there is another thread �buying a house when 485 processing is pending�. Post the above over there and you will see that you would have stirred a hornet�s nest. People will jump on you.
RNGC,
Personally I think US is not losing as much as it is gaining by not giving us GC, but I appreciate your efforts. We are the real losers here.
more...
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Suva
07-18 03:19 PM
Notice date is different from Receipt date. If your file is delivered on July 2nd then you would get a receipt date of July 2nd even if your information is entered into the system 2 months after the receipt date.
I am confused about receipt date?
Notice date is when the receipt notice is generated- That's simple
Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?
In other words people who filed there application on July 2nd,3rd etc ... and lets say USCIS takes 2 months to receipt those cases.. then after 2 months when the notice is generated won't it have a July 2nd receipt date? for July 2 filers?
I am confused about receipt date?
Notice date is when the receipt notice is generated- That's simple
Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?
In other words people who filed there application on July 2nd,3rd etc ... and lets say USCIS takes 2 months to receipt those cases.. then after 2 months when the notice is generated won't it have a July 2nd receipt date? for July 2 filers?
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pappu
03-12 01:48 PM
I fully support this donor forum. there should be some incentive for members who donate. they are not doing it because they have lots of money to spare, but they sacrifice because they believe in this cause. I don't think $25 is going to break anyone's bank. Just sacrifice something that you consume/enjoy every week, and donate that.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
It's a pity that even with about 25K members, we cannot raise a minimal amount. People need to realize they cannot simply enjoy the benefits of someone else's labor.
Yes. I agree. We had to do this because we saw that even after running a drive for FOIA that helps every member we could not reach the goal yet. This data will be sought by all of us but if we are not ready to support the effort, it will be tough to invest in it. The subscriptions will help us continue IV initiatives with more zeal and we will know that a lot of members support us.
more...
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nk2006
10-21 12:25 PM
Guys,
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
Yes its a very serious issue. As chandu mentioned earlier more action items are coming soon to fight this. But in the meantime please show your support and your willingness to fight this - if you havnt sent the mail yet, please do it and vote in the poll above. When we started this campaign, I though that at least a few hundred people will come forward easily - now is the time to act.
This is one of the most serious issue we are facing in current time. Lay offs are happening left and right and on top of that employers learned that AC21 is giving troubles, they started squeezing more (I myself is partially victim of that).
We need sincere efforts sending emails to ombudsman. This will not take more than 5 minutes as NK2006 put efforts on even giving you the email template.
I sincerely urge everyone to send emails to addresses NK2006 mentioned above and even request your collegues, spouse to do so. We need volume to show our presence.
One more request, please take one more minute and make sure that you post here that you sent emails. This will give us real picture and give others motivation too!
I sent my emails (actually twice ;)).
Yes its a very serious issue. As chandu mentioned earlier more action items are coming soon to fight this. But in the meantime please show your support and your willingness to fight this - if you havnt sent the mail yet, please do it and vote in the poll above. When we started this campaign, I though that at least a few hundred people will come forward easily - now is the time to act.
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cnachu2
10-24 01:22 PM
sent emails.
more...
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learning01
04-26 12:18 PM
I believe, that was the bone of contention when LK Advani visited USA in 2003 ( I think I read it in Times of India) when India sought the return of SS Tax and Medicare Tax collected from H1B holders who returned to India. I believe it amounts to USD 700 million to USD 1 billion.
US linked the discussion SS tax return to Indian Police and Military participation in peace keeping in Iraq after US war on terror in Iraq. US insisted that they will return the money to a similar SS system, if India institutes one. US could not win support from world nations (and India) because of this use of (I don't know the term), call it 'link it to something that cannot be done'. You know what I mean.
Many such policies need to be straightened out. It is a simple fact and nothing complicated about it. Don't collect SS tax and Medicare if the temporary worker is from a country to which US cannot repatriate the money, for whatever reason.
We all can visualize what difference the return of that 'sweat money' would have meant to the effort on the war on terror. Pure success.
When you apply for permanent residency in a developed country, you have to cover certain criteria and then you get the approval prior to entering the country. This criteria may include job invitation from a local company (New Zealand recent approach) etc but the point is that the relationship between the potential immigrant and the country-recipient are clear.
The situation in the US is different - you come here to work temporarily only and you must state that you will return back upon expiration on your visa. On the other hand, there is an option to apply for permanent residence but it is not guaranteed - it is only a possibility.
OK, I can live whit this approach. But when applying for a GC and would like to BE ABLE TO GET REPLY IN A RESONABLE PERIOD OF TIME - 2-3 months, not 3-4 years ! If approved, I would like to BE ABLE TO GET MY GC IN A REASONABLE PERIOD OF TIME - 6-12 months, not another 5-6 years ! Than I can take a decision what to do and where to go.
I also do not mind to pay for SS and Medicare. That is OK as long as I get these money back if I do not became a permanent resident/citizen of this country. And I should get it back with an average market interest rate for those 6-7 years. Same if I would have invested them in bonds or so.
That is a fair approach ! Why I have to state that I am coming here temporarily only and then be forced to pay for SS and Medicare ? Because I am retarded and do not understand what is going on ?!
US linked the discussion SS tax return to Indian Police and Military participation in peace keeping in Iraq after US war on terror in Iraq. US insisted that they will return the money to a similar SS system, if India institutes one. US could not win support from world nations (and India) because of this use of (I don't know the term), call it 'link it to something that cannot be done'. You know what I mean.
Many such policies need to be straightened out. It is a simple fact and nothing complicated about it. Don't collect SS tax and Medicare if the temporary worker is from a country to which US cannot repatriate the money, for whatever reason.
We all can visualize what difference the return of that 'sweat money' would have meant to the effort on the war on terror. Pure success.
When you apply for permanent residency in a developed country, you have to cover certain criteria and then you get the approval prior to entering the country. This criteria may include job invitation from a local company (New Zealand recent approach) etc but the point is that the relationship between the potential immigrant and the country-recipient are clear.
The situation in the US is different - you come here to work temporarily only and you must state that you will return back upon expiration on your visa. On the other hand, there is an option to apply for permanent residence but it is not guaranteed - it is only a possibility.
OK, I can live whit this approach. But when applying for a GC and would like to BE ABLE TO GET REPLY IN A RESONABLE PERIOD OF TIME - 2-3 months, not 3-4 years ! If approved, I would like to BE ABLE TO GET MY GC IN A REASONABLE PERIOD OF TIME - 6-12 months, not another 5-6 years ! Than I can take a decision what to do and where to go.
I also do not mind to pay for SS and Medicare. That is OK as long as I get these money back if I do not became a permanent resident/citizen of this country. And I should get it back with an average market interest rate for those 6-7 years. Same if I would have invested them in bonds or so.
That is a fair approach ! Why I have to state that I am coming here temporarily only and then be forced to pay for SS and Medicare ? Because I am retarded and do not understand what is going on ?!
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jetflyer
06-10 09:20 AM
There is a chance of EB1 & EB2 ROW spillover :D
US bulletin is out too:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.
US bulletin is out too:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.
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santb1975
05-24 10:37 AM
Good start for a long weekend
Contributed $100 . Good way to long start weekend !
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
Contributed $100 . Good way to long start weekend !
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
ocpmachine
03-05 09:52 PM
My 485 had soft LUD on 2/27/09. Although, my husband's dependent application dint have one.
My PD is May'06 EB2 -I and got a soft lud on 2/27/09 for me/wifey case.
This makes me think that, USCIS is probably pulling all the cases systematically based on PD.
My PD is May'06 EB2 -I and got a soft lud on 2/27/09 for me/wifey case.
This makes me think that, USCIS is probably pulling all the cases systematically based on PD.
Nadiya
07-18 04:25 PM
Just made my first $100 contribution! Thanks so much for the effort in the last two weeks! IV rocks!
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