longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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badlucky
05-13 10:23 PM
140jibjab,
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
Aah_GC
11-19 01:55 PM
RD - July 23. Haven't received FP notices for me and my wife. Received EADs. eFiled AP - got my receipt but not my wife.
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sanju
03-03 09:51 PM
Hi
Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.
Read this -
http://www.msnbc.msn.com/id/29432007/
If I were you, I would call the cops and report this immediately. One can say that you are calling for the protection of your family because a similar incidence of a fake ICE officer took place recently. They could easily find out if that was a real guy or some hoax.
.
Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.
Read this -
http://www.msnbc.msn.com/id/29432007/
If I were you, I would call the cops and report this immediately. One can say that you are calling for the protection of your family because a similar incidence of a fake ICE officer took place recently. They could easily find out if that was a real guy or some hoax.
.
more...
niklshah
08-27 10:57 AM
SC: Nebraska
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
How did you put the expedite request? did u call? did they take the edpedite request before 90 days of your filling? what did u tell them to put in the request? Pls help i am in same mess too file on june 2nd...
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
How did you put the expedite request? did u call? did they take the edpedite request before 90 days of your filling? what did u tell them to put in the request? Pls help i am in same mess too file on june 2nd...
GCInThisLife
07-19 03:07 PM
Thanks. she is still working for the same employer who sponsored her H1. Now, she needs to continue maintaining relation and continue working for them.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
more...
ujjvalkoul
06-26 02:31 PM
everyone I go to offers Digital Photos (ID PHotos)....my attorneys had said Digitals are not acceptable...but looks like that is all u can get nowadays...
BTW Costco is the cheapest!!!
BTW Costco is the cheapest!!!
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hiralal
05-29 11:29 PM
+1 one from me, why can't we pass this to all US friends as a forward?
done
done
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nag2007
10-11 04:20 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
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gc_peshwa
08-20 01:04 PM
I can give you my example. 10 years in the US and got greened yesterday. Background -
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
Kumar1
Tremendous story of grit and determination I must say....In fact every one of the EB immigrants story can become a storyline for a great movie :-)
B. Tech. from IIT - 1999. Always believed in hard work and dedication.
2000/2001 - Came to the US
2003 - Filed labor - RIR - EB3
2004 - job loss
2004 - Joined so called fortune 500 company with 15000 + employees and presence in 50 countries. They promised but never filed GC.
2005 - Filed Canada PR.
2005 - Quit and joined Desi company. Started GC process on day-1.
2005- Filed under Perm EB-3 (lawyer screwed). Got approved in 3 months.
2006 - Filed I-140 got approved in 3 weeks.
2007 - July Fiasco and filed I-485. Got AP, EAD. Wife started to work.
2008 - EB-3 sucked so talked to employer to file in EB-2. Desi company did not care as long as I paid for it.
2009 - Filed labor, got approved in 6 months.
2009 - Filed EB2 I-140 and requested to re-capture the PD of first labor.
2009 - I-140 approved, same day saw an LUD on pending I-485. Also, approved I-140 came with A# and EB-3 labor PD.
2009 - Bought a home.
2010 - July, dates became current.
Opened SR, got a response that my case is still in EB3. NSC sucks.
Asked lawyer to send letter to USCIS. He did, nothing happened.
Contacted senator and they opened up a congressional request with USCIS.
Within 2 days, USCIS issued RFE about incomplete medical. It was total BS.
Contacted doctor and got chest X-Ray and replied RFE.
Took several Inforpass appointments.
EAD expired, did everything but could not get renewed on time.
Did not tell anything to HR about expired EAD, both kept mum and kept working.
Had fights at DMV to get DL extended.
Aug-17th, GC got approved.
Is this all worth it? I do not know. Only reason I joined desi company with 2 employees is that desi company was ready to file GC on day-1. I have seen so called Fortune-xx companies. They lied to me.
Overall - I am a happy person. Would continue with Desi employer for some more time.
Now that we have GC, I would like to -
1. Spend more time with family and not worry about LIN-XXXX numbers.
2. Think about doing MBA.
3. Move to a warmer place like CA.
Good Luck. I would suggest - Talk to your employer and explain your situation. You have nothing to lose.
Kumar1
Tremendous story of grit and determination I must say....In fact every one of the EB immigrants story can become a storyline for a great movie :-)
more...
dixie
11-30 06:19 PM
I got a discover card in 2004 when I was still a student. maybe they forgot to check my immigration status.
until 2002 they issued.after that they stopped..
until 2002 they issued.after that they stopped..
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GCSOON-Ihope
09-14 05:23 PM
My friend, it is easy to say: "don't worry, be happy".
You seem indeed to be in a very enviable situation. Maybe many are like you.
Good for you guys. Now, think a little bit about the others.
I am sure that we are also many stuck in a job/company that we hate and the only practical way out is the GC. Sad and frustrating as it is, it is also the truth for many of us.
You seem indeed to be in a very enviable situation. Maybe many are like you.
Good for you guys. Now, think a little bit about the others.
I am sure that we are also many stuck in a job/company that we hate and the only practical way out is the GC. Sad and frustrating as it is, it is also the truth for many of us.
more...
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sledge_hammer
07-19 11:24 AM
This is a good piece of information...
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
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chumki
12-18 02:40 PM
Lazycis,
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
Thanks for the public charge note.
http://immigration.about.com/library/weekly/aa090903b.htm
In this forum Mr. Shusterman clarified that for layoffs before 180 days, the alien is protected for I-140 portablity, if the employer doesnot revoke it (which is my case).
1.
Question #2: I was laid off after less than 180 days on the job, got a new job, same as the old, when I-485 was still pending, for less than 180 days. Up to now, my I-485 has been pending more than 22 months after approval of I-140 and no revocation. Can I use AC21?
Carl: Absolutely.
2. Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is submitted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then submit your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
What are your thoughts?
What should I do now?
more...
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Roger Binny
05-29 09:37 PM
+1 one from me, why can't we pass this to all US friends as a forward?
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softcrowd
10-10 08:48 PM
...if you are willing to see things with open mind, they are very well glorified in US markets too....that's the reason they were able to convince & win the confidence of almost all of the fortune companies....I don't think just by media hype, one could win the markets so consistently and see a continuous growth in a capitalistic market like USA.
If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.
Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.
At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)
I rest my case!!
If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.
Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.
At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)
I rest my case!!
more...
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chanduv23
12-21 01:13 PM
Recently a friend of mine visited us in Houston and the purpose of his visit was that he surrendered his passports after getting his American Citizenship and waiting for the surrender certificate. He has been waiting for 2 months and still no luck. I am wondering why processing a surrender certificate takes such a long time?
I think that there is no proper process or people are not implementing it properly.
There is no point in fuming over these issues. These have to be resolved and I think that if there are enough people having issues and deal with it, we must do something about it.
As the first step, it would be a great idea to write a list of issues that we all face collectively. The issue must be genuine and real without looking at the emotional angle or with attitude. Do we want to do something to fix these issues?
I think that there is no proper process or people are not implementing it properly.
There is no point in fuming over these issues. These have to be resolved and I think that if there are enough people having issues and deal with it, we must do something about it.
As the first step, it would be a great idea to write a list of issues that we all face collectively. The issue must be genuine and real without looking at the emotional angle or with attitude. Do we want to do something to fix these issues?
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pady
08-20 09:07 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
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hpandey
11-20 10:18 AM
I am waiting for GC for buying a house myself. I am sure there are many more people who think this way esp in this market.
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
EkAurAaya
10-09 09:04 PM
I am wondering is any one from everest technologies?
if you are not looking to change jobs then why worry about it at this point in time? it almost sounds like you are the owner of everest who wants to know who's lurking in these forums ready to say bye bye to you :D j/k
but seriously keep receipt # handy i think that will suffice... check with attorney
if you are not looking to change jobs then why worry about it at this point in time? it almost sounds like you are the owner of everest who wants to know who's lurking in these forums ready to say bye bye to you :D j/k
but seriously keep receipt # handy i think that will suffice... check with attorney
guy03062
07-27 03:53 PM
why not 1 to Mr. Emilio Gonzales and 1 to Dr. Rice...just to be on safe side...in case none of these centers accepts your application :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D
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