vkannan
03-01 01:39 PM
people,
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...
Chi_shark
One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......
i just returned from an infopass meeting... the guy i talked to said that they recently have a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff and hence they are planning to adjudicate a record number of EB apps in the next quarter or two... does anyone else concur? is this true or were my ears just ringing in that meeting?
--shark
So, did anyone else hear anything similar? i am VERY excited about this... but dont know anything about what to make of it... maybe he was just saying it because my face looked tense?????? ha ha ha... no seriously, i dont know what to make of him and his information...
Chi_shark
One of my co-worker had a info-pass this friday and the IO told him similar comments to the one which you heard....not sure what to infer out of these comments......
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Mouns
04-30 03:27 PM
Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?
Yes, regarding recapture for family based only. If you add employment one you are talking about 200K total.
Yes, regarding recapture for family based only. If you add employment one you are talking about 200K total.
mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
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chandsri81
04-25 02:16 PM
Thank you for your reassurance. I will Give the bank the I140 notice as well. I would hate to lostme the house after coming so far. Which bank did you go with?
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kumar1305
02-24 04:11 PM
Very coreect uma...you can forget career growth in India without a MBA degree.
I have MBA from an American university, do you think it's going to help me?
I have MBA from an American university, do you think it's going to help me?
ganguteli
06-11 03:39 PM
As far as I know, I am pretty aggressive in investment and I am getting @15% right now.. which too in a very unconventional ways.. by investing in forex and start ups with a risk of loosing nearly 80% of the investment in a day. when you 100K-200K and get returns like 100k.. dude that 100%-50% investment.. please let me know where can I do that.
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
........And you have not contributed a dime yet to IV?
I promise I gonna leave everything and go back with my money make investment in that and live the rest sipping feni by goa beach.
........And you have not contributed a dime yet to IV?
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addsf345
11-24 03:36 PM
Here is the link to USCIS AC21 memo from 5/30/2008:
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
http://www.visalawyerblog.com/AC21%20MEMO%20JUNE%202008.pdf
it does say that H1B ext beyond 6 years can not be granted if there is not underlying pending process for GC (LC, 140 or 485).
However it does not talk about 'what happens if an ext is already granted'? so it still remains gray area. did I understand correctly?
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saibabu_d
07-18 01:40 PM
50$ each month.
more...
for_gc
10-01 04:22 PM
This is how this law is written. The limit of 140K is for a fiscal year. With next year having its own quota.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
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snhn
06-10 11:08 AM
I was hoping against all odds that this was not going to be true when they announced it last month. The iron is that I have been current for the last 2 months now. But when one thing reaches the goal, the other slows down. The damn TSC is was processing June applications while mine is early August. I am hoping that they allocated my file so that when they reach August date, visa would be available for me.
I have EAD and AP and alos have h1 until 2010. in 2010, I would have completed 11 years on H1b visa. My company maybe doing layoffs in the next few months, and I was hoping to get my GC by then. I dont wish to to use EAD because I have a DWI and its safe to stay on H1 for that.
how are the oppourtunities out there for Quality Aussrance/ Analysts.
I have EAD and AP and alos have h1 until 2010. in 2010, I would have completed 11 years on H1b visa. My company maybe doing layoffs in the next few months, and I was hoping to get my GC by then. I dont wish to to use EAD because I have a DWI and its safe to stay on H1 for that.
how are the oppourtunities out there for Quality Aussrance/ Analysts.
more...
abhishek101
07-20 05:36 PM
All of us have to understand the Democrats are against all the legal immigrants. Sen Boxter and Feinstein have made it clear in their past statements that they oppose, any high skilled immigration.
And the story is same across for all Democrats.
So all of us have to pledge that we will be Republicans for life once we become citizens.
And the story is same across for all Democrats.
So all of us have to pledge that we will be Republicans for life once we become citizens.
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funny
09-12 01:56 PM
That is right. I said before and I am saying again. I am against sending flowers or calculators because.
1. They cost money (Some people may not do that just because of that).
2. USCIS will like those toys for their kids (Please come out of the movie mood, movies impress a lot but they are a lot different from real life). Believe me they will treat these things as wonderful gifts and we will end up spending time and money for these.
3. It will not make any difference to USCIS.
4. USCIS can always redirect all those flowers to orphanage or other places, what they cannot do is redirect our posters trying to put them to shame.
I have been appealing a lot about this. Why do not we have a letter compain along with posters which should put them to shame. These should not only be sent to USCIS, but also to the press, congressmen, president of US and yes the director of USCIS. I have created several posters here.
http://docs.google.com/Doc?id=dd4vkcmm_124c6jh9dg6&invite=mqk525
http://docs.google.com/Doc?id=dd4vkcmm_127xvp53jdx&invite=cn4gjw5
http://docs.google.com/Doc?id=dd4vkcmm_12895rfwtcw&invite=g7kcrzz
http://docs.google.com/Doc?id=dd4vkcmm_130cvdpx4cg&invite=7bb9vs
http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
The letter campaign thread is
http://immigrationvoice.org/forum/showthread.php?t=21340
Does anybody here agree with me ? Singhsa, your thoughts ?
I totally agree with "bsbawa10" , Not many people will invilve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.
1. They cost money (Some people may not do that just because of that).
2. USCIS will like those toys for their kids (Please come out of the movie mood, movies impress a lot but they are a lot different from real life). Believe me they will treat these things as wonderful gifts and we will end up spending time and money for these.
3. It will not make any difference to USCIS.
4. USCIS can always redirect all those flowers to orphanage or other places, what they cannot do is redirect our posters trying to put them to shame.
I have been appealing a lot about this. Why do not we have a letter compain along with posters which should put them to shame. These should not only be sent to USCIS, but also to the press, congressmen, president of US and yes the director of USCIS. I have created several posters here.
http://docs.google.com/Doc?id=dd4vkcmm_124c6jh9dg6&invite=mqk525
http://docs.google.com/Doc?id=dd4vkcmm_127xvp53jdx&invite=cn4gjw5
http://docs.google.com/Doc?id=dd4vkcmm_12895rfwtcw&invite=g7kcrzz
http://docs.google.com/Doc?id=dd4vkcmm_130cvdpx4cg&invite=7bb9vs
http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
The letter campaign thread is
http://immigrationvoice.org/forum/showthread.php?t=21340
Does anybody here agree with me ? Singhsa, your thoughts ?
I totally agree with "bsbawa10" , Not many people will invilve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.
more...
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singhsa3
09-12 01:50 PM
These are all good thoughts but what u are suggesting takes some time.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
The issue has two legs:
Leg 1: Process fix
Leg 2: Increasing number of greencards
What I am talking about is leg 1 and what you are talking about is for leg 2
and both are required.
Sanjeev - I personally feel there is no easy solution for this. Our efforts must be well organized and there has to be geniune effort. A lot of people who post here are all frustrated and angered and they channelize their anger and frustration through these forums whereas instead if it is channelized in a positive way - our campaigns will be more effective and we can reach our goals.
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jimytomy
04-11 08:15 PM
@AllVNeedGCPC : Did you get any updates on your I-485 ?
@gene77 : Any update on your REF ?
Thanks!
jimytomy
@gene77 : Any update on your REF ?
Thanks!
jimytomy
more...
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vinnysuru
03-14 11:13 AM
Thanks for you post about Canada Visit. You mentioned that one shouldn't say vacation for purpose of visit. What should we say then? My wife and I are going for Landing to Canada and people have posted that if you tell you landed as immigrant in Canada then Border Officers give you a hard time as well and some have even got RFE's from USCIS regarding their intent with US immigration process. So either way we are in trouble!
Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(
Also would you mind sharing what was your purpose of Visit?
I drove back from canada today. and I though I should post my experiance at the buffalo border crossing.
Drove up to the IO gave him my AP and passport. he gave me a token number and asked me to go into the office. Very polite. parked my car went into the office.
waited for about 40 minutes then they finally called me. the lady was very polite soft spoken she had already gotten all my papers ready like new I-94 card. stamp on AP and passport. She asked for my old I-94 cards I handed here all my old ones (i had about 6, since i first came on student visa then switched employers) i mentioned to her that I lost one of my I-94 would a photo copy work and she said yes thats not a problem. after she took all my I-94 cards stamped my passport with ap exiration date same on i-94. I mentioned to her that I will going back and forth to canada very frequently and she jokingly said then I will be seeing you alot.
No other questions were asked. the whole process went very smoothly.
O a friend of mine told me if asked purpose of visit outside US don't say vacation on AP that pisses the IO's because AP is only for emergencies originally.
Friends please advise. What should you say to Border Patrol Officers on Re Entry to US with AP?:(
Also would you mind sharing what was your purpose of Visit?
I drove back from canada today. and I though I should post my experiance at the buffalo border crossing.
Drove up to the IO gave him my AP and passport. he gave me a token number and asked me to go into the office. Very polite. parked my car went into the office.
waited for about 40 minutes then they finally called me. the lady was very polite soft spoken she had already gotten all my papers ready like new I-94 card. stamp on AP and passport. She asked for my old I-94 cards I handed here all my old ones (i had about 6, since i first came on student visa then switched employers) i mentioned to her that I lost one of my I-94 would a photo copy work and she said yes thats not a problem. after she took all my I-94 cards stamped my passport with ap exiration date same on i-94. I mentioned to her that I will going back and forth to canada very frequently and she jokingly said then I will be seeing you alot.
No other questions were asked. the whole process went very smoothly.
O a friend of mine told me if asked purpose of visit outside US don't say vacation on AP that pisses the IO's because AP is only for emergencies originally.
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h1b_forever
09-01 04:31 PM
It would be interesting to know how many have switched from EB3-eb2 who have more than 10 years exp
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pappu
06-04 02:11 PM
It is really tricky to come up with a deadline for EB employment. US is set of laws and the law is same for every one it applies. for example:If you not from a retrogressed country you will get your GC even if you start now (before enactment of this bill).
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
You can refer to other lawyer's interpretations of the bill and also ask your own lawyer for more information and to better understand the harm this bill does to us.
Please know the difference between bill and law. If ever this particular bill becomes law the deadline for any cases filed under previous law will not be rejected, this is as clear as mud, to make the law same for all who applied/pending /approved on the day of enactment!!.:eek:
You can refer to other lawyer's interpretations of the bill and also ask your own lawyer for more information and to better understand the harm this bill does to us.
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satyasaich
03-08 10:38 AM
senator from Kansas:amendment to eliminate visa cap for nurses and therapists.
Oneway, it will be good for EB visas i guess
interesting to listen this judiciary meeting
stay tuned
Oneway, it will be good for EB visas i guess
interesting to listen this judiciary meeting
stay tuned
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gcisadawg
02-08 07:29 PM
I don�t agree with this point. If I am doing something and taking care of my parents its my duty. it does not mean my wife also have to do tit-for-tat. It depends on the situation and circumstance. If she is the only daughter, her family situation is bad then we can think about it.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
Maybe that brother's philosophy in OP's story is "Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this". That is why that brother's parents and her sister are troubling OP.
In this case, when her two other sisters and specially her brother also in the US, I don�t see the reason to support the in-laws. If you make more than enough it�s different. But when you are struggling to make your ends meet...I don�t support your point on this.
Maybe that brother's philosophy in OP's story is "Stop sending money to parents and in-laws, if its possible. Otherwise, maintain parity by sending money in small amounts to both parents. Its stupid to say my wife is not working so she has no business to send money to her parents. Its so wrong and I'm surprised folks can think like this". That is why that brother's parents and her sister are troubling OP.
pbojja
09-11 04:21 PM
We need to do some thing about it so that they dont repeat the same mistake again . Lets attach a message or real calculators along with flowers and start campign ..atleast we get the attention like we did in July 07
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
I know we are too scared of doing any thing because they have our applications to process ...I think this is the time to step up again ...
even though I m EB2 2006 applicant , I was so frustated to see 2006 approvals , how can they do that ? Why they move to 2006 in first place raise hopes and dash them in less than weeks ...
Come on lets do some thing..
PD_Dec2002
03-18 07:17 AM
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
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