nyte_crawler
04-25 11:41 AM
What i meant was, although H1 it is a dual intent visa, you dont necessarily show your intention until you apply for your green card process. There are cities that follow different tax structures when you apply for labor or not. Technically, that when you are showing your intention of immigrating. So why throw a blanket on entry date on H1, when some of them dont have the intention of immigrating to US permanently. This will only increase the demand of the GCs.
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
H1B believe it or not is a "dual intent visa". F1 is NOT a dual intent visa. So what that means is even tho a person entered USA on H1B(which is Nonimmigrant visa) he can have a dual intent to "adjust status" and become a permanent resident.
So I would think it would very wise to be given a PD based on when a person started working on "H"
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Ramba
10-01 05:37 PM
I think there will not much visa numbers unused. If at all, it may be in few hundreds. We are thinking our point of view, even wasting one visa number is ridiculus based on number peoples are waiting. However, the INA states that every year "not more than 140,000 EB visas should be issued".It sets only upper limit not the lower limit. Therefore DOS has be more vigilant in not exceding 140K. By doing so, there may be a few wastage of numbers. If they issue 120K instead of 140K, it is not the violation of law. Insted if they issue 141K it is vialotion of law.
However, if the wastage is more than few hundreds it is definitly not acceptable.
However, if the wastage is more than few hundreds it is definitly not acceptable.
delhiguy79
08-15 11:10 AM
If its 2001 or 2003 ... ppl like me who r in EB 3 (with PD March 2007) will not get GC for next 4-5 yrs until and unless they spill Eb 1 cases evenly to Eb2 and Eb3...which is next to impossible :eek:
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kaisersose
07-19 12:32 PM
Cases will be processed on RD only. However approval is based on PD.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
more...
vjkypally
03-17 07:50 PM
Dont make Statements, ask if you don;t know. There are many gurus here
GCwaitforever
04-02 11:49 AM
I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
You have seen what happened to the Ombudsman and his reports. Year over year, same findings pile up in his reports and he finally left. If someone who has internal access to USCIS workings and has a mandate to change USCIS functions to benefit us - the paying customers, could not relieve inertia of USCIS, I suspect you and I do not have much of a chance.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
more...
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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WeShallOvercome
07-20 02:32 PM
Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.
It''s like leaving at 5PM and spending 3 hours in traffic
OR
leaving at 8 and spending 30 minutes
makes sense?
more...
sanju
04-30 04:17 PM
Do I have legal broadcasting rights of uploading this for public viewing?
Rather, is it legal to do this?
if not i can send it to your gmail...
This is a public meeting of lawmakers paid for by the taxpayers. If you like, you could upload the video on YouTube without hesitation. There is no copyright violation in posting the Judiciary subcommittee hearing video.
Rather, is it legal to do this?
if not i can send it to your gmail...
This is a public meeting of lawmakers paid for by the taxpayers. If you like, you could upload the video on YouTube without hesitation. There is no copyright violation in posting the Judiciary subcommittee hearing video.
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raghav0
08-23 10:45 AM
I guess most of us under EB-3 can kiss our GC dream goodbye!! If we remain under EB-3...we will be waiting here forever and we cant move onto EB-2 with the new rules they are proposing....What a way to start the week!!!
more...
JunRN
09-11 10:39 PM
By the way, we can also send "relief goods" to Texas Center plus our letters of sentiment.
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anilnag
02-23 02:29 PM
i thought it meant that you had to wait 4 months after your priority date is current to have any expectation of adjudication... no?
In the guideline for interpreting the dates USCIS hasn't mentioned anything about PD being current. So I think they process applications regardless of PD being current or not
'The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).'
In the guideline for interpreting the dates USCIS hasn't mentioned anything about PD being current. So I think they process applications regardless of PD being current or not
'The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).'
more...
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bbct
02-18 04:24 PM
I agree. Mine is December 15, 2005.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
Mine too is the same. I hope we are not from the same company. I remember, I had to fight asking my employer to file the labor since they were delaying without giving any reason and they did filed a bunch of labors on the same day.
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franklin
09-28 08:11 PM
Huge surprise
Good job there aren't any inefficiencies in processing...
...Oh.... wait!
Good job there aren't any inefficiencies in processing...
...Oh.... wait!
more...
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pappu
07-22 08:52 AM
I doubt if Jimi_Hendrix is still active in SoCal chapter.
-C.
Jimi_Hendrix has got his greencard and is no longer active. We need someone to take a lead role. Pls take ownership and get started.
-C.
Jimi_Hendrix has got his greencard and is no longer active. We need someone to take a lead role. Pls take ownership and get started.
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skillet
06-26 04:27 PM
Hello,
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
more...
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smuggymba
08-12 12:42 PM
In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.
TCS used to do that 10 years ago, Infy never did it to the best of my knowledge.
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ronhira
07-06 02:40 PM
Fix your profile before you expect people to read sarcasm.
i want a vote on fixing my profile, why do you want me to fix my profile, how will you know if my information is correct. i demand a vote of anonymous handles voting my profile up or down.
this whole thing is just bizarre.
i want a vote on fixing my profile, why do you want me to fix my profile, how will you know if my information is correct. i demand a vote of anonymous handles voting my profile up or down.
this whole thing is just bizarre.
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amitjoey
07-18 04:52 PM
Made a one time payment 3 days back of 100$. More to follow.
Cheers iV
Thanks so much vjkypally.
Cheers iV
Thanks so much vjkypally.
ultimo
09-30 06:09 PM
none knows the answer when u will get GC . Even uscis doesnt know .
hope they will use the full number this fiscal year
hope they will use the full number this fiscal year
lonedesi
07-11 08:49 AM
I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.
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