Following text is from IV's about page
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
wallpaper Transformers 3 Characters
The sooner LC substitution goes away the lesser we have to deal with such questions. And the sooner we would get our green cards.
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
....
2011 transformers 3 characters
The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
They need to pump up more numbers otherwise getting rid of quotas doesn't help much.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
Getting rid of quotas will help. We will not be in a situation where
- EB2 is current for ROW and unavailable for India.
- EB3 is in year 2005 for ROW and stuck in 2001 for India
Adding more visas is a legislative process. Applying per country quota is as
per DOL�s discretion.
Hi there,
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
Here is my situation, any help to resolve this is appreciated.
- My self (primary) & my wife's(derivative) I-485's (PD June 2002) were filed in March 2007.
- My I-485 was approved in July 2007, my wife's was pending due to NC.
- My wife's employer filed PERM (PD June 2007) & then filed I-140 in March 2008.
- We recently contacted NSC regarding my wife's case status, we received a letter from them stating that, her I485 is waiting for I-140 to get approved.
They linked her new I-140 to her pending I-485 that was filed as derivative.Is this USCIS error?.How to correct this error and have them consider her I-485 application as a derivative application?.
Thanks for your help.
[COLOR="Blue"]Your attorney should get in touch with the USCIS.This situation can be sorted out with informing the USCIS. In case you require any assistance please get in touch with me.
My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school�9th grade to be precise. I never got it corrected and came to us �visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, � now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. �.. the only 2 things which are not in my first name last name format is
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively�or I should wait for USCIS decision .. Usually RFE is given 30 � 40 days to reply and I don�t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS �. A lawyer�s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
Please do get your passport in order. You should have got it done a long time back. I think it is fairly straightforward procedure. You can make an appointment with the Indian Consulate and take it from there.
Please do not wait for a RFE to do that.
1) visa which is FNU Firstname ( FNU = First name used)
2) My passport which has just my first name and no last name
one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.
Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively�or I should wait for USCIS decision .. Usually RFE is given 30 � 40 days to reply and I don�t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS �. A lawyer�s opinion is much needed and appreciated.
Thanks for your help
-M
PS: my priority is Feb 2007 EB3
Please do get your passport in order. You should have got it done a long time back. I think it is fairly straightforward procedure. You can make an appointment with the Indian Consulate and take it from there.
Please do not wait for a RFE to do that.
2010 prior to Transformers 3.
Remember? In I-485 form, we have to fill Yes/No answers for questions like - have you ever been convicted of a high crime, did you ever involve yourself as a prostitute, etc. etc.
Very soon, USCIS will issue an updated I-485 with added questions like:
a) Have you ever been involved with Quixstar or Amway?
b) If yes, did you ever get successful in rubbing Quixstar shit on other desi(s) whose I-485s are pending with us?
c) Did you ever get f****ed up by your Up-line members?
d) If yes, please provide a notarized documentation on it otherwise you'll see an RFE from us.
e) Do you feel the urge to ask directions from innocent-looking-desi(s) in malls when your wife is accompanying you as well?
f) If yes, beware - she might be explaining the Pyramid Scheme in detail to your guy in your absence. (Some of our 485 applicants are really good, no matter how many detours they need to take in order to reach the top of a pyramid. You might be inviting The One into your life in Walmart Aisle # 17. And "your application" will remain pending forever from there on.)
Very soon, USCIS will issue an updated I-485 with added questions like:
a) Have you ever been involved with Quixstar or Amway?
b) If yes, did you ever get successful in rubbing Quixstar shit on other desi(s) whose I-485s are pending with us?
c) Did you ever get f****ed up by your Up-line members?
d) If yes, please provide a notarized documentation on it otherwise you'll see an RFE from us.
e) Do you feel the urge to ask directions from innocent-looking-desi(s) in malls when your wife is accompanying you as well?
f) If yes, beware - she might be explaining the Pyramid Scheme in detail to your guy in your absence. (Some of our 485 applicants are really good, no matter how many detours they need to take in order to reach the top of a pyramid. You might be inviting The One into your life in Walmart Aisle # 17. And "your application" will remain pending forever from there on.)
I can only give examples from personal life. My personal examples lead me to believe that a lot of people, though aware of retrogression, are unaware of what it really means.
Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.
Then I learnt about IV. And I learnt about the problems.
Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?
So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.
But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.
I respect your opinion ...but I refuse to believe that people are ignorant...
Six months ago, I thought that there was nobody opposing EB-based visa numbers. And I was pretty certain that my greencard would be handed to me in a few years.
Then I learnt about IV. And I learnt about the problems.
Then I tried to tell my friends about it at work. And the first reactions were 'Is the situation really that bad'?
So, there is definitely a huge group of people who don't know what retrogression really means, and how screwed they really are.
But again, these are personal examples. Maybe yours (people knowing about retrogression, and still not bothering about contributing/participating in IV) might have led you to a different conclusion.
I respect your opinion ...but I refuse to believe that people are ignorant...
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Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).
Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).
simply racial profiling.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
Is it their miskate... Indian politician and police are so corrupt and do not have balls to do that.
No one cares Mammoty...but he is muslim and when he was frisked no one was erupting. Why only for SRK...? Doesnt it show the real picture...? When going for stamping how many hours people are wiating in line. If he is waiting for 2 hours in line whats the big deal. He is not Abdul Kalam to be supported. He was a noble person and Former Head of State. He himself is going through the security check that too in india. He did not even speak a word about that issue. But this moron SRK saying 'Doesnt feel like steping on american soil again'. I bet $10000 if he is not steping on american soil again.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
Is it their miskate... Indian politician and police are so corrupt and do not have balls to do that.
No one cares Mammoty...but he is muslim and when he was frisked no one was erupting. Why only for SRK...? Doesnt it show the real picture...? When going for stamping how many hours people are wiating in line. If he is waiting for 2 hours in line whats the big deal. He is not Abdul Kalam to be supported. He was a noble person and Former Head of State. He himself is going through the security check that too in india. He did not even speak a word about that issue. But this moron SRK saying 'Doesnt feel like steping on american soil again'. I bet $10000 if he is not steping on american soil again.
hot A Look at #39;Transformers 3#39;
I am a Canadian citizen, from my experience Canada government does respect more for immigrants, health system is much better, and more elites moved there for higher quality of living standards.
There are also lots of good companies in Canada, where I have gained GOOD experiences.
For professionals like us, at least Canadian government treat us with dignity and as a human being, not like some illegal labour worker lurking in US, we are all LEGAL and proved no local candidates for these jobs. I have been exploited by my company for almost 4 years, current salary is 10K less then standard, even though I have 14 years of working experiences, when it comes to promotion, my boss prefer a fresh graduates and want me to teach him so he can get promoted on top of me.
USICS Recent unconscionable retrogression really top off all previous deeds. We are educated high professionals, it is understable if immigrants are not welcome, but can they do it in a professional way? If so, why not just stop accepting immigration applications? why still accepting our money and leave us in this limbo situation? And creating all the excuses AFTER taking our money?
We are dealing with the government department which suppose to be all professionals and educated people. And this is not some third world countries which law is not a concern, or anybody can be bribed to do anything they want to the public.
Feeling numb should be the best way to deal with all these madness, and fellow professionals I keep praying for us and remember dont let it gets to you emotionally, there will always be a way and everything happens for a reason.
God is watching, He knows and will be the judge and bless all of us.
:)
There are also lots of good companies in Canada, where I have gained GOOD experiences.
For professionals like us, at least Canadian government treat us with dignity and as a human being, not like some illegal labour worker lurking in US, we are all LEGAL and proved no local candidates for these jobs. I have been exploited by my company for almost 4 years, current salary is 10K less then standard, even though I have 14 years of working experiences, when it comes to promotion, my boss prefer a fresh graduates and want me to teach him so he can get promoted on top of me.
USICS Recent unconscionable retrogression really top off all previous deeds. We are educated high professionals, it is understable if immigrants are not welcome, but can they do it in a professional way? If so, why not just stop accepting immigration applications? why still accepting our money and leave us in this limbo situation? And creating all the excuses AFTER taking our money?
We are dealing with the government department which suppose to be all professionals and educated people. And this is not some third world countries which law is not a concern, or anybody can be bribed to do anything they want to the public.
Feeling numb should be the best way to deal with all these madness, and fellow professionals I keep praying for us and remember dont let it gets to you emotionally, there will always be a way and everything happens for a reason.
God is watching, He knows and will be the judge and bless all of us.
:)
house View all Transformers 3
Thanks !! I had a quick question ..the rules for the spillover, is that a law or does that depend on USCIS or DOS ?
In other words can they change the rules for spillover once again ..say next year ?
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
In other words can they change the rules for spillover once again ..say next year ?
I still feel there is small hope for EB3-ww and maybe even EB3-I ...majority of the EB2 cases were filed during july fiasco ..what if they have not been processed yet ? i.e. they will keep moving the dates fwd till it becomes current (if that still does not use up the visas) ..then they would move EB3-ww dates fwd ..once again this is wishing and dreaming :)
For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
It looks like 2008 is " let's reduce some backlog in EB2-category" year.
On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.
I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.
There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.
examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3
(2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.
p.s
I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)
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Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.
I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
Then fight for changing that constitutinality. Who made it? Why did they make it the way the made it? Slavery was supported legally way back.. If black community might have thought " They do not have a case" as somebody has created the constitution to suit their own need and "within the framework of that legality" "they do not have a case"... then still we may be seeing slaves around.
I understand your point that we are not yet "citizens"... but for many fair practices society must not differentiate.
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Are you 'high skilled'?
Your logic suggests otherwise!
I guess you mean 'highly skilled", "high skilled" are the ones who smoke stuff they shouldn't ;)
Your logic suggests otherwise!
I guess you mean 'highly skilled", "high skilled" are the ones who smoke stuff they shouldn't ;)
dresses Transformers 3 Characters:
We're all in this crap together, some worse than others... so let's stop with this ROW Vs India & China nonsense. Country quotas are unfair and frankly the entire GC process is unfair and unpredictable... We should aim for solutions that solve this issue in a comprehensive way, not by dividing us even further.
Well said. We are here only because we want to fix the employment-based GC processes. If I could fix the system on my own I wouldn't be hanging around here. Together we want to fix the system so lets propose solutions that helps everyone in IV.
For a start, everyone mail those letters to the President.
Well said. We are here only because we want to fix the employment-based GC processes. If I could fix the system on my own I wouldn't be hanging around here. Together we want to fix the system so lets propose solutions that helps everyone in IV.
For a start, everyone mail those letters to the President.
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When you send any email, subject of the email matters.. If our subject is something like just immigration then I think they will just send automatic reply..
Let Mecaca work on getting good template/letter that we can use to send it to everybody..
Thanks.
I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
Enough of that freaking rubbish....
Lets send them letters, and specifically ask them
a) Do you condemn USCIS/DOS behavior, or do you commend it?
b) Do you sympathise with the plight of the employment based greencard applicants or not?
Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.
Let Mecaca work on getting good template/letter that we can use to send it to everybody..
Thanks.
I am sick and tired of cookie cutter responses from lawmakers staff. They have a standard template, that starts off with how concerned they are that the immigration system is broken, and their concern for American companies and workers and H-1b.
Enough of that freaking rubbish....
Lets send them letters, and specifically ask them
a) Do you condemn USCIS/DOS behavior, or do you commend it?
b) Do you sympathise with the plight of the employment based greencard applicants or not?
Finally, say that their response will be posted on online public forums so that it can be shared with other employment based greencard applicants.
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That was an example only. A country can use max 7% of total visa. And if you see the EB visa allocation, other than India, China the 3rd largest Visa was taken by Korea (about 4K, don't remember exactly) and the fourth country only used around 1200, all other countries used with in 100s only. So if a country (example Malaysia) uses only 200 Visa and if it had 500 applicant, why 300 people from Malaysia was retrogressed.
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.
EB3 ROW doesn't just mean those from tiny countries with tiny populations
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Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
I don't know how much to trust these sources. I am very nervous though.
I understand that the visa number is reduced once 485 is approved. But rememeber that in 2005 dates were current and thousands of applications got filed.Most of the applications were pre-adjusted and just need number to be assigned.So in July, there is possibility that many applications can get approved and they can get approved fast !!
I am in the same boat as everyone else. Just wanted to share my worries.
I understand that the visa number is reduced once 485 is approved. But rememeber that in 2005 dates were current and thousands of applications got filed.Most of the applications were pre-adjusted and just need number to be assigned.So in July, there is possibility that many applications can get approved and they can get approved fast !!
I am in the same boat as everyone else. Just wanted to share my worries.
I am in the 6th year of my H1b.expires end august 2008.I have applied for I-140 in may of 2008 after my labor got audited and finally approved in may2008.My labor application was in sept 2008.I can probably recapture the time spent outside the country to take it past 1 year of labor certificate application(in order to apply for H1b extension).can i avail of premium processing for my i140 to get a possible 3 year extension or not.to me it seems not given that as per USCIS website :
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
