walking_dude
11-30 04:44 PM
I asked you for the proof that 80,000 FBs are reserved for EB immigrants ( or somehow available !). You did not show me any !
There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.
In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.
The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
There is no law that states USCIS should not consider country quotas during the last quarter. As per AC21 law USCIS should relax the quotas if the numbers are getting wasted (not already assigned to ROW). If USCIS works efficiently and assigns the visa numbers to EB3 ROW - which is retrogressed - before the end of third quarter, they don't need to relax country quotas in the fourth quarter.
In a way USCIS inefficiency is helping applicants from retrogressed countries get GCs faster (4th quarter relaxation) :).
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf
Look at page 52. Page 53 explains, why USCIS is wasting visa numbers even though there is huge demand for the same.
The 7% country limit does not exist for the last quarter. But it does exist during the first 3 quarters. Since USCIS is moving the PD drastically only in the last quarter, they are unable to process all the applications in the last quarter resulting in wastage of EB visas.
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nixstor
01-13 06:07 PM
We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
waitingonlc
04-03 08:49 PM
Sent the faxes 10 &11
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gcnotfiledyet
03-26 03:47 PM
Can't agree more. This is nothing but harassment. What has drivers license got to do with employment or immigration status ?
I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:
We are like beggars in this country. This country and its people do not want us here and are doing everything permissible under law to throw us out of here (if no law then they just make one up).
But we are such suckers that we do not want to leave this country and go back home. Gandhi fought to get rid of white masters but we were destined to serve one anyway. I don't understand why I don't live in my own country and contribute to its economy. Why am I tolling so hard to live here? I don't know when will my hard head understand this silly concept.
I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:
We are like beggars in this country. This country and its people do not want us here and are doing everything permissible under law to throw us out of here (if no law then they just make one up).
But we are such suckers that we do not want to leave this country and go back home. Gandhi fought to get rid of white masters but we were destined to serve one anyway. I don't understand why I don't live in my own country and contribute to its economy. Why am I tolling so hard to live here? I don't know when will my hard head understand this silly concept.
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snathan
10-27 10:55 PM
Dont Know from past 20 yrs after coming out of college, for some reason I dont like Infy.
( It is not that I didnt get a Job there ) I had been to there couple of facilities in various cities in India for pre-sales and post sales product support.
I got their offer couple of years back and decided not to join. I was disguised the way the HR manager spoke. He was telling me to work for lower wage than what I was making for the privilege of working for them.
( It is not that I didnt get a Job there ) I had been to there couple of facilities in various cities in India for pre-sales and post sales product support.
I got their offer couple of years back and decided not to join. I was disguised the way the HR manager spoke. He was telling me to work for lower wage than what I was making for the privilege of working for them.
stucklabor
04-12 12:39 PM
Guys, these are all good suggestions.
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
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perm2gc
12-29 07:28 PM
Hello all...
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
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abhijitp
07-27 02:30 PM
Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.
Too good to believe:-)
Too good to believe:-)
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coralfl
07-04 03:36 PM
attorney fees+mail service: $3174 (Attorney already cashed the check)
Medical cost: $268
photos: approx $60
I missed work: 2 days
Wife missed school:1 day
Medical cost: $268
photos: approx $60
I missed work: 2 days
Wife missed school:1 day
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diptam
07-02 04:02 PM
Medical - $350
0.5 day off for Medical + 0.5 Follow up Medical - $400
Photo - $10
USPS Express Mailing - $20
Birth Cert from NY Consulate - $20
Visit to NY Consulate from Boston - $110
1 day off for Birth Certificate - $400
Origina Birth Cert Affidavit (From India) - $10
Misc - $80
------------
$1400
Plus the emotional distress and Pain i'm bearing continuously....
0.5 day off for Medical + 0.5 Follow up Medical - $400
Photo - $10
USPS Express Mailing - $20
Birth Cert from NY Consulate - $20
Visit to NY Consulate from Boston - $110
1 day off for Birth Certificate - $400
Origina Birth Cert Affidavit (From India) - $10
Misc - $80
------------
$1400
Plus the emotional distress and Pain i'm bearing continuously....
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smsthss
06-12 11:10 AM
Is there a link online for that???
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greencard_fever
08-05 10:01 PM
see my signiture...
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vamsi_poondla
10-10 07:33 PM
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
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sheela
02-21 11:26 AM
Thanks Sheela. Was that visit to home, a part of your employer audit as well as it was mentioned by bujjigadu123 or something else?
Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?
Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.
I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.
Not sure whether you got a chance to ask the officer about the reason for this visit? Was it a part of random check or any investigation on fund transfers or any other program etc?
Now, I think it is a random check and nothing like 'employer audit'. I never asked him -at that time I thought it was a part of background check.
I believe they are always doing these checks probability could be 1/100,000 although i have no idea at the frequency.
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aquarianf
07-19 09:58 AM
My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
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shouldIwait
05-30 12:37 PM
done...
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psaxena
11-02 03:00 PM
MY GC NOW AND NOW NOW NOW.. uuuuAAAAnnnn uuuuuuuuaaannnnnnnnnnnn
I want my GC now... booohhhoooooooooooooooooooo
Okie thats it, my prediction thingy done.. back to work with desi tharra.
I want my GC now... booohhhoooooooooooooooooooo
Okie thats it, my prediction thingy done.. back to work with desi tharra.
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belmontboy
05-18 07:08 PM
I ONLY believe in MERITT based system.
I never voted against anything so far!!:D
going by the visa bulletin u will never get a chance to vote in USA :p
on a serious note, its due time that we accept not getting anywhere with one magical EB reform. we should stop waiting for the magic bullet and rather focus on getting our issues resolved in bits and pieces
I never voted against anything so far!!:D
going by the visa bulletin u will never get a chance to vote in USA :p
on a serious note, its due time that we accept not getting anywhere with one magical EB reform. we should stop waiting for the magic bullet and rather focus on getting our issues resolved in bits and pieces
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psk79
10-27 04:32 PM
The service request is usually a waste of time. They will send a generic response to everyone when case is pending w/o visa numbers. I and almost all of my friends received a response that additional information was needed for processing your case and hence additional delay blah blah.. I think this guy just decided to use security message for your responses. I wouldn't worry about it. If you want to really check this, you can definitely make an appointment at local office and talk to the IO there. But it was even a bigger waste of time in my case. The IO at local office looked at his system/systems and told me that if it is a green card application its faster(just another month or so) and if it is a h visa there is a few month delay:confused: Go figure..
eilsoe
02-04 04:18 PM
whoops, eh, valor? :P
lol
lol
obviously
02-12 09:59 PM
hi. sorry to hear that you are going through this harrassment.
i would recommend the following strategy:
1. file a case of harrassment with the state DOL / agency.
2. contact an immig attorney and have them 'on your side'
3. contact the IRS via registered mail and document your case, with FACTS, not OPINIONS or EMOTIONS. send a copy of the IRS letter to the State DOL.
4. further, file a complaint with the DOJ (if applicable). check out their Website.
5. finally, send a 30 day demand note (if applicable in your state) stating YOUR demands against the former employer, asking for immediate cessation of all activities which can be considered as coercive, amounting to emotional stress and harrassment. if possible, get a Doctor's medical advice and keep that on record.
6. eventually, think about getting a lawyer to do this case 'pro bono' . some might do if you can get good local press about thsi case and effectively 'market the lawyers costlessly'. of course, all privacy goes out of the window.
good luck.
i would recommend the following strategy:
1. file a case of harrassment with the state DOL / agency.
2. contact an immig attorney and have them 'on your side'
3. contact the IRS via registered mail and document your case, with FACTS, not OPINIONS or EMOTIONS. send a copy of the IRS letter to the State DOL.
4. further, file a complaint with the DOJ (if applicable). check out their Website.
5. finally, send a 30 day demand note (if applicable in your state) stating YOUR demands against the former employer, asking for immediate cessation of all activities which can be considered as coercive, amounting to emotional stress and harrassment. if possible, get a Doctor's medical advice and keep that on record.
6. eventually, think about getting a lawyer to do this case 'pro bono' . some might do if you can get good local press about thsi case and effectively 'market the lawyers costlessly'. of course, all privacy goes out of the window.
good luck.
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