Yes, it is. I used it when I went to get my Canadian PR validated in June this year. Are you flying or driving? Make sure you do not surrender your I-94.
Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
I assume you know all the conditions?
Thanks for your reply. Which I-94 I have to show or use. I have two of them now. One expire with my visa date on 08-30-06 and other of attached with my H1 B extension valid from 8-31-06 to 8-30-09.
Does immigration officer know about this rule at port of entry ??
Should I drive or fly ..which one will be more easy while using this rule ?
Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
I assume you know all the conditions?
Thanks for your reply. Which I-94 I have to show or use. I have two of them now. One expire with my visa date on 08-30-06 and other of attached with my H1 B extension valid from 8-31-06 to 8-30-09.
Does immigration officer know about this rule at port of entry ??
Should I drive or fly ..which one will be more easy while using this rule ?
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Yes BP, in that case Britain too will be oversubscribed just like IN,CH,MXa and PH.
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
7% ceiling applies to all the countries not just the ones that happen to be oversubscribed now.
O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"
Example: Britain, Pakistan.
Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.
Is that allowed?
Same question for Pakistan...
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In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
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.
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
May be this is not the forum , but as I saw this I was unable to stop my self from writing here...
With respect to every one, SRK is no comparision to Dr. Abdul Kalam
When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..
I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
May be this is not the forum , but as I saw this I was unable to stop my self from writing here...
With respect to every one, SRK is no comparision to Dr. Abdul Kalam
When I think of Dr. Abdul Kalam , all that comes to my mind is the unselfish life that he has dedicated to India. We all know , he is Great Scientist, Great Intellectual, Social Worker and a Great Indian. He is unmarried and still serving society after ex Presidency India..
I would not be worried of what happend to SRK..SRK is no comparision, rest is typical politics.
Nathan, it is not about MMS, it is about congress. MMS is just a puppet as he was during Narasimha Rao's govt.
Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?
Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.
Can you tell us with 100% surety that MMS will not get replaced by Rahul Gandhi after 2 years?
Yes...only that puupet brought those changes and reforms. I dont have any issues for Mr. Advani, but please show me some track record as he was part of the ruling party for five years.
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Can we organize a skype conference chat. Please let me know.
http://news.yahoo.com/s/ap/as_sri_lanka_civil_war
What a shame ! Yesterday only UPA Govt. issued a statement that because of their intensive efforts SL govt. has stopped bombing.
Congress/ Sonia is seeing this as personal which shouldn't have been the case.
Countries like Japan, Norway have condemned these attacks by SL govt/ sending diplomats and our UPA govt. PM says we can't do anything !
See the poor foreign policy by UPA govt. - Nepal has fallen to Maoist- backed by China, Taliban are rising as never before, LeT has become more stronger, Bangladesh soldiers are killing CRF personals on the boarder and India is home for more 2 Carores Bangladeshi now, China is disputing Arunachalam...and many more.
Agreed.
What a shame ! Yesterday only UPA Govt. issued a statement that because of their intensive efforts SL govt. has stopped bombing.
Congress/ Sonia is seeing this as personal which shouldn't have been the case.
Countries like Japan, Norway have condemned these attacks by SL govt/ sending diplomats and our UPA govt. PM says we can't do anything !
See the poor foreign policy by UPA govt. - Nepal has fallen to Maoist- backed by China, Taliban are rising as never before, LeT has become more stronger, Bangladesh soldiers are killing CRF personals on the boarder and India is home for more 2 Carores Bangladeshi now, China is disputing Arunachalam...and many more.
Agreed.
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Thanks for the interesting posts and sharing of your experiences!!!
I figure that the EB-2 and EB-3 categories are going to remain backlogged for a few years for India. So, the best way to apply for US green card would be to attain Canadian citizenship to provide flexibility of using TN visa and then apply for GC using EB-1 category as a manager. Perhaps, it is not as easy as I make it sound to get a EB-1 success case.
Are there people out there who have successfully used the EB-1 category or know of anyone who has used the EB-1 category? Is it sufficient for one to be a first line manager to utilize the EB-1 category or does one have to be an executive?
How many employees does one need to manage to be considered an executive?
I guess EB-1 remains the only sure bet to get a quick GC, but it is probably difficult to qualify for it.
I figure that the EB-2 and EB-3 categories are going to remain backlogged for a few years for India. So, the best way to apply for US green card would be to attain Canadian citizenship to provide flexibility of using TN visa and then apply for GC using EB-1 category as a manager. Perhaps, it is not as easy as I make it sound to get a EB-1 success case.
Are there people out there who have successfully used the EB-1 category or know of anyone who has used the EB-1 category? Is it sufficient for one to be a first line manager to utilize the EB-1 category or does one have to be an executive?
How many employees does one need to manage to be considered an executive?
I guess EB-1 remains the only sure bet to get a quick GC, but it is probably difficult to qualify for it.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Should we change the topic of this thread - "Please file in July first week" ??
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Should we change the topic of this thread - "Please file in July first week" ??
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3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?
I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.
I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.
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Read this memo:
http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf
USCIS has indeed broken the law by doing what it did this month.
Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.
And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.
http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf
USCIS has indeed broken the law by doing what it did this month.
Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.
And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.
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I personally know a guy who used Nick's services. Bottomline, his 485 was rejected as Nick sold the same labor to other guys as well. As for him, spend some time on EAD and now he is back on H1. What happens to his VISA number. Returns to the pool? Which pool? Or is it lost as the VISA number was used from last year's quota.
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And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
I want to know this too... What's the rough estimate, how long will it take before this will be come LAW?
thanks,
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I am trying an outline for sending to media + lawmakers + ...
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
Excellent,
I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.
The following is a very rough draft without reading some of the letters posted in the thread. I will read the posts tomorrow and polish it by tomorrow evening. I will need everyone's input since I don't know all the issues.
What happened
USCIS announced at the time the forms were due.
Applicants started filling forms 2-3 weeks before July 2.
Applicants changed their schedules to submit forms.
Advantages of EAD + AP
Don't know all!
Travel without visa -> saves Embassy overhead.
Spouse can work.
Can switch job.
Why does it hurt
Medical will not be valid after 1 year.
Fees more then doubling
Name checking (which can take 1+ year) done in parallel with waiting for GC #.
Load balancing for USCIS.
USCIS which is supported 90% by application fee needs to care for applicants.
Very little chance of legislative relief for a looong time.
Excellent,
I am planning to come up with a format for calling key senators and congress men on Thursday morning. Lets do this. Mean while please keep digging and blogging.
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Hi Attorney,
My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.
He also has another approved LC under EB2 category and he has to file I-140 now.
In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.
Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.
or should he only file I-140 with porting request alone.
Does USCIS still allow concurrent filing and in this scenario can he file concurrently.
What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.
What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.
Please clarify.
Thanks.
My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.
He also has another approved LC under EB2 category and he has to file I-140 now.
In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.
Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.
or should he only file I-140 with porting request alone.
Does USCIS still allow concurrent filing and in this scenario can he file concurrently.
What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.
What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.
Please clarify.
Thanks.
girlfriend Sister,#39; Tia Mowry,
Chill out guys, looks like emotions are running very high on this thread.
The purpose of this thread is to talk about predictions for Oct 09, lets focus on that, also each of us is frustrated in a different way, may be this is a forum where in one can come and vent their frustrations, pls be more empathetic towards all...
On a side note, we should probably start a polling to see how many folks are interested to spend (lets say) 5000$ to get a GC, if the number is high we should probably focus our efforts on hiring a lobbying company and push our agenda, that is the only way out of this situation, only throwing money will ensure our plight is heard appropriately in DC.
So again, pls be more empethatic to others, even if you do not agree, this is a good community we all should be helping each other even when we do not agree.
The purpose of this thread is to talk about predictions for Oct 09, lets focus on that, also each of us is frustrated in a different way, may be this is a forum where in one can come and vent their frustrations, pls be more empathetic towards all...
On a side note, we should probably start a polling to see how many folks are interested to spend (lets say) 5000$ to get a GC, if the number is high we should probably focus our efforts on hiring a lobbying company and push our agenda, that is the only way out of this situation, only throwing money will ensure our plight is heard appropriately in DC.
So again, pls be more empethatic to others, even if you do not agree, this is a good community we all should be helping each other even when we do not agree.
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I donot think its in any way wrong to come meet somebody and say hi and try to talk to but what is wrong is the methodology adopted by these folks which basically irritates people.
I do not think its any way different then any networking event in Bay Area , the only difference is you meet somebody introduce yourselves and about your product and then move on and then just wait for the other person to contact you, however in case of amway first part of meeting is ok but they completely miss out on the second part instead of waiting for the second person to call they just keep calling you and harassing you with calls
Hi Gopi,
Good post. But tell me why should i give a damn about either Amway or BWW? I don't.
It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.
In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.
By the way, Gopi, this is nothing against you personally.
To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.
I do not think its any way different then any networking event in Bay Area , the only difference is you meet somebody introduce yourselves and about your product and then move on and then just wait for the other person to contact you, however in case of amway first part of meeting is ok but they completely miss out on the second part instead of waiting for the second person to call they just keep calling you and harassing you with calls
Hi Gopi,
Good post. But tell me why should i give a damn about either Amway or BWW? I don't.
It is horribly insane to talk to your business ambitions to a stranger. Every person is different and I personally take it offensive when someone I don't know comes and bothers me with his/her business nonsense. I am sure there are many people who think in the same way.
In the beginning, whenever a I came across a Desi in a mall or in a public place, it used to make me happy. Now, I always suspect that it could be a Amway SOB who is coming to me with his trash bag.
By the way, Gopi, this is nothing against you personally.
To all Amway street walkers, get the hell out of my way. I don't want to hear your nonsense. Period.
TSA/CBP officers are no angels and are known to be rude to passengers at times. Having said that, I think we are all over reacting to SRK incident. Even the famous American Ted Kennedy had to face similar situation. GOI should lay off this incident.
Sen. Kennedy Flagged by No-Fly List (http://www.washingtonpost.com/wp-dyn/articles/A17073-2004Aug19.html)
Would Khan have fared better as Kennedy? (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)
If Sen Kennedy can be flagged who the hell is SRK. He is nothing but an actor and there are thousands of them.
Imagine an Indian celebrity getting flagged in India or an indian Politician gets flagged and questioned.
The questioning officer would be suspended or transfered the next day.
Sen. Kennedy Flagged by No-Fly List (http://www.washingtonpost.com/wp-dyn/articles/A17073-2004Aug19.html)
Would Khan have fared better as Kennedy? (http://timesofindia.indiatimes.com/news/world/us/Would-Khan-have-fared-better-as-Kennedy/articleshow/4899589.cms)
If Sen Kennedy can be flagged who the hell is SRK. He is nothing but an actor and there are thousands of them.
Imagine an Indian celebrity getting flagged in India or an indian Politician gets flagged and questioned.
The questioning officer would be suspended or transfered the next day.
I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.
So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?
So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?
