Googler
07-07 09:14 PM
she said "But we're prepared to talk to people about what happened here."
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
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somegchuh
12-18 04:53 PM
2,
I completely understand your pain. I have been here since 1998 and have a EB2 PD of 2002. And the dates are back to 2000. It seems like I can never get the ducks in a row. First my case gets stuck in PBEC. It take me 4+ years to get out of it. Then the RD at NSC is not current. When the RD turns current the PD retrogresses. Off course not to mention that I am waiting for name check to clear. The process is not linear. Some ppl are able to get thru it all in a very short time and some are stuck for years and years.
I have gone thru some of the depression that you talk about. The only way out for me to realize was that either I take it or leave it. That's how I view the whole process. If I am going to take it then I need to have a plan for what I am going to do with my GC. I know one thing for sure, I am going to take a long vacation as soon as I get it :) Just getting too old and tired for the same old same old.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I completely understand your pain. I have been here since 1998 and have a EB2 PD of 2002. And the dates are back to 2000. It seems like I can never get the ducks in a row. First my case gets stuck in PBEC. It take me 4+ years to get out of it. Then the RD at NSC is not current. When the RD turns current the PD retrogresses. Off course not to mention that I am waiting for name check to clear. The process is not linear. Some ppl are able to get thru it all in a very short time and some are stuck for years and years.
I have gone thru some of the depression that you talk about. The only way out for me to realize was that either I take it or leave it. That's how I view the whole process. If I am going to take it then I need to have a plan for what I am going to do with my GC. I know one thing for sure, I am going to take a long vacation as soon as I get it :) Just getting too old and tired for the same old same old.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
mchundi
05-04 10:46 AM
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.
The tone of ur earlier posting may have hurt some people.
Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.
--MC
This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.
The tone of ur earlier posting may have hurt some people.
Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.
--MC
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h1techSlave
03-10 05:56 PM
"There goes my people, I must follow them."
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
I may sound some what negative here but I am not trying to diminish the IV plat form for all the folks here.Yes, it is just "about us" only... what "IV core" did so far is vague....flower campaign and this current FOIA requests started randomly by the individuals thinking collectively.... I don't think it is started by IV core team as an "ACTION" item in the first place.
more...
rbharol
10-25 10:38 PM
Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations.
I appreciate your effort to make us smile and relieve stress but when you repeateldly
keep using the same stuff, people no longer find it humorous.
You too must have realized it by now as people have started questioning why
you are using this word repeatedly.
It is like telling the same joke time and again and expect people to laugh everytime.
I appreciate your effort to make us smile and relieve stress but when you repeateldly
keep using the same stuff, people no longer find it humorous.
You too must have realized it by now as people have started questioning why
you are using this word repeatedly.
It is like telling the same joke time and again and expect people to laugh everytime.
guchi472000
04-30 09:54 AM
http://www.immigration-information.com/forums/showthread.php?t=4285&page=53
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sanhari
08-09 09:12 AM
Did anyone hear anything from their local congressman or USCIS on the visa spillover usage? I am planning to send in more requests this week, let's see...
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royus77
07-06 07:55 PM
TSC reached 07/02 @ 10.23pm signed by L. Amrstrong
is it am or pm
is it am or pm
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hi_sunny74
09-17 03:34 PM
Do let us know incase your receipt numbers start with WAC
>>>>>
My receipt numbers started with src
>>>>>
My receipt numbers started with src
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h1bmajdoor
07-08 10:23 PM
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
more...
bigboy007
07-04 11:16 PM
May be he will good for you dude. :D
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nk2006
09-16 06:21 PM
I know this might have been discussed but when is the RD if the application is moved (by uscis) from NSC to TSC?
My I140 was approved by TSC sometime back. My 485/EAD/AP were sent to NSC in first/second week of July. Finally got the receipt last week. The receipt says that my application is received on Sept 5th - which is not true (it was sent in JULY); based on this notice it seems they are recording the RD as the day when they enter the application details in their system and not the day when it is actually physically received by them.
I thought its other way round based on FAQ. Am I missing something? is it worth calling them on this? Thanks.
NOTE: see you all on DC rally day.
My I140 was approved by TSC sometime back. My 485/EAD/AP were sent to NSC in first/second week of July. Finally got the receipt last week. The receipt says that my application is received on Sept 5th - which is not true (it was sent in JULY); based on this notice it seems they are recording the RD as the day when they enter the application details in their system and not the day when it is actually physically received by them.
I thought its other way round based on FAQ. Am I missing something? is it worth calling them on this? Thanks.
NOTE: see you all on DC rally day.
more...
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GKBest
10-12 02:12 PM
My 140( in 2006) was from TSC and 485 from NSC
THANKS! I will wait for my turn and hope that my application is right next to you.
THANKS! I will wait for my turn and hope that my application is right next to you.
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gcforevr
07-09 03:46 PM
here's a writeup for reporters.
"One the Eve of July 4th, US Rejects Permanent Residency Applications of Law-Abiding, Tax-Paying, High-Skilled Legal Immigrants Including Doctors, Scientists and Engineers"
Justice, freedom, equal opportunity and meritocracy are the pillars on which modern America is built upon. This country has opened its doors with a warm smile and a big heart for every hard working, highly-skilled legal immigrant who has one common thing more than anything else with every American � the American dream. Andy Grove of Intel, Sergey Brin of Google, Vinodh Khosla of Sun Microsystems are excellent examples of people who migrated to the US for higher education and then went on to found billion-dollar companies that employs thousands of Americans.
Everyday pressures at work, paying for mortgage, taking care of children are challenges that every working American goes through. But little is known about the silent pain and anxiety of high-skilled, tax-paying, law-abiding doctors, engineers and scientists who have to constantly keep track of their position in the "queue" to obtain their permanent residency status, more commonly the 'green card', as a first step towards calling America their home. Sometimes, the wait in the line can last as long as ten years. The wait comes with several restrictions like being bound to the particular job position with the sponsoring employer for as many years, foregoing promotions and inability to change jobs at will � work conditions unimaginable for an average American employee.
Sometimes the position in the long queue moves forward, when even a small movement causing immense joy and anticipation among the employees while sometimes the position moves backwards causing the employee to endure further pain. Historically the US government has opened the doors for the final stage of the green card application (where the applicant can adjust or change their status from any current non-immigrant status to a permanent resident status) every 3 years or so for a small window of time that typically lasts 30 -60 days. On June 13 th 2007 when the US government announced that July 2nd 2007 was the beginning of the one such window of time, the news sent thousands of prospective applicants into a tizzy mixed with relief, anticipation and joy. Many spent thousands of dollars in preparing required documentation, lawyer fee and canceling travel arrangements, to get their applications in on the first day itself.
Alas! With a hitherto unprecedented action, on the morning of July 2nd 2007, the same US government agency, with a terse and nondescript press release went back on its promise and slammed its door shut for any green card application. This action is clearly condemnable, unacceptable and unfair to thousands of high-skilled employees who contribute positively towards strengthening the US economy. Many feel wounded at the inhumane treatment in the hands of US immigration department and are contemplating migrating back to their homeland or to more immigrant friendly countries. However, a strong majority still trusts the US government to implement meaningful reforms specifically targeting legal immigrants while they continue to endure untold sufferings.
"One the Eve of July 4th, US Rejects Permanent Residency Applications of Law-Abiding, Tax-Paying, High-Skilled Legal Immigrants Including Doctors, Scientists and Engineers"
Justice, freedom, equal opportunity and meritocracy are the pillars on which modern America is built upon. This country has opened its doors with a warm smile and a big heart for every hard working, highly-skilled legal immigrant who has one common thing more than anything else with every American � the American dream. Andy Grove of Intel, Sergey Brin of Google, Vinodh Khosla of Sun Microsystems are excellent examples of people who migrated to the US for higher education and then went on to found billion-dollar companies that employs thousands of Americans.
Everyday pressures at work, paying for mortgage, taking care of children are challenges that every working American goes through. But little is known about the silent pain and anxiety of high-skilled, tax-paying, law-abiding doctors, engineers and scientists who have to constantly keep track of their position in the "queue" to obtain their permanent residency status, more commonly the 'green card', as a first step towards calling America their home. Sometimes, the wait in the line can last as long as ten years. The wait comes with several restrictions like being bound to the particular job position with the sponsoring employer for as many years, foregoing promotions and inability to change jobs at will � work conditions unimaginable for an average American employee.
Sometimes the position in the long queue moves forward, when even a small movement causing immense joy and anticipation among the employees while sometimes the position moves backwards causing the employee to endure further pain. Historically the US government has opened the doors for the final stage of the green card application (where the applicant can adjust or change their status from any current non-immigrant status to a permanent resident status) every 3 years or so for a small window of time that typically lasts 30 -60 days. On June 13 th 2007 when the US government announced that July 2nd 2007 was the beginning of the one such window of time, the news sent thousands of prospective applicants into a tizzy mixed with relief, anticipation and joy. Many spent thousands of dollars in preparing required documentation, lawyer fee and canceling travel arrangements, to get their applications in on the first day itself.
Alas! With a hitherto unprecedented action, on the morning of July 2nd 2007, the same US government agency, with a terse and nondescript press release went back on its promise and slammed its door shut for any green card application. This action is clearly condemnable, unacceptable and unfair to thousands of high-skilled employees who contribute positively towards strengthening the US economy. Many feel wounded at the inhumane treatment in the hands of US immigration department and are contemplating migrating back to their homeland or to more immigrant friendly countries. However, a strong majority still trusts the US government to implement meaningful reforms specifically targeting legal immigrants while they continue to endure untold sufferings.
more...
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dehradoon
10-08 05:54 PM
All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.
Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?
A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.
Correction, 25% of the less than 8000 visa numbers. First is the per country quota then its the distribution by quaters.
Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?
A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.
Correction, 25% of the less than 8000 visa numbers. First is the per country quota then its the distribution by quaters.
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sam2006
07-20 10:08 AM
nice job guys
I think we should extend it till monday atleast
I think we should extend it till monday atleast
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feedfront
08-26 02:19 PM
May be avoid and defer..
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sankap
07-10 03:14 PM
I-140 is for future job, and the petition says that the original employer has *intent* to hire the petitioner on FT/"perm" job. Now, let's say the original employer withdraws the petition after 180 days of filing I-485 and approved I-140 and lets you go. That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement? (Fortunately, yes it can be, per Yates memo.) Another situation: If you continue working with the same employer on H-1B until you get your GC, and leave him the next day of getting GC, and then plan to take a long holiday (not working). Would your GC be canceled because you don't have a FT/"perm" job?
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
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raju123
07-11 10:08 AM
Good job Raju. Thanks a lot
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
http://www.orlandosentinel.com/community/news/ucf/orl-visas1107jul11,0,5061439.story
I am going to call the reporter and thank him again.
pasupuleti
05-03 01:19 PM
source immigration-law.com
05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation
* Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
* Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
* By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.
05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation
* Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
* Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
* By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.
dkshitij
02-25 09:58 AM
Tony,
Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?
Thanks!
Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?
Thanks!
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