unknown123
03-12 02:14 AM
I support.. I've contributed earlier and will contribute again.
I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......
Visa re-capture is one (or may be the only one) solution of above problem.
Just my thought
I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......
Visa re-capture is one (or may be the only one) solution of above problem.
Just my thought
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BlueSunD
03-07 12:08 AM
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ashwin_27
02-07 06:09 PM
I will be traveling from the west coast and am trying to find other South Cal folks who are travelling to the event. Maybe we can coordinate travel, if possible.
Also, would appreciate any car pooling options when in DC/VA.
Also, would appreciate any car pooling options when in DC/VA.
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msgrewal81
02-18 05:40 PM
this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.
Where did you read that "except for casual absence". Because that might make it go or nogo for many people.
There would be many people who might have gone outside US to India or so for a month or so for maybe twice in last 5 years. Will that count as casual absence and forgiven ?
eg. my wife will be in US for 5 years in August'09, but she has been to India atleast twice for 2 months and 1 month respectively during these 5 years.
Where did you read that "except for casual absence". Because that might make it go or nogo for many people.
There would be many people who might have gone outside US to India or so for a month or so for maybe twice in last 5 years. Will that count as casual absence and forgiven ?
eg. my wife will be in US for 5 years in August'09, but she has been to India atleast twice for 2 months and 1 month respectively during these 5 years.
more...
ashkam
01-30 02:54 PM
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
If you are I-485 pending, you are not out of status regardless of whether you have a job or not.
If you are I-485 pending, you are not out of status regardless of whether you have a job or not.
Macaca
01-18 10:06 AM
Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.
In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.
In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.
more...
vandanaverdia
09-11 04:19 PM
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ghost
08-12 07:26 AM
If there is a non-controversial immi. law change attempt I will donate $500. I will also bring my friends and the total may exceed $2000. We all willing to donate but only if we know that there is good chance of passing.
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
Hey Buddy,
recapture is not controversial and has nothing to do with economy...not sure where you got that from, recapture of EB numbers is what we are proposing - this will not take away any american jobs but only alleviate the wait times for folks like you and me. Also, we've to accept the fact that anything related to immigration will be controversial - there is no denying of it, unfortunately.
Coming to the donations, please don't donate in huge sums because you'll have huge expectations...I'd say start off in small steps - 6 USD per week for 6 months...I signed up for it and it took me 5 minutes and 150 USD for the next 6 months, not too bad right!
Thanks!
If there is an attempt to push ideas like recapture, forget it. It will not pass in this economy. I do not want to waste my money and time on those kind of ideas.
IMHO. Not to find fault with anyone. Please do not mistake me.
Hey Buddy,
recapture is not controversial and has nothing to do with economy...not sure where you got that from, recapture of EB numbers is what we are proposing - this will not take away any american jobs but only alleviate the wait times for folks like you and me. Also, we've to accept the fact that anything related to immigration will be controversial - there is no denying of it, unfortunately.
Coming to the donations, please don't donate in huge sums because you'll have huge expectations...I'd say start off in small steps - 6 USD per week for 6 months...I signed up for it and it took me 5 minutes and 150 USD for the next 6 months, not too bad right!
Thanks!
more...
styrum
01-18 04:05 PM
Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
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sbabunle
12-26 07:48 PM
Munna Bhai
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
I talked to Atty Murthy's office about the same issue. They said that
they had couple of experience where I140 revoked. But USCIS honored
the original PD. But atty says that its kinda grey area. They could insist
that if I140 is revoked, new PD could be your change of employement date.
It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.
good luck
babu
more...
crazyghoda
02-13 02:50 PM
All,
Thank you for supporting me during this stage. The RFE was for employer verification. Luckily I just managed to get a new job and started this week. I have an offer letter as well as got the HR department to provide an Employment Verification Letter stating my name, title and salary. Now I need to work with my lawyer to respond to the RFE.
Thanks again to all who responded. I'll keep you folks updated once I submit my RFE response.
Thank you for supporting me during this stage. The RFE was for employer verification. Luckily I just managed to get a new job and started this week. I have an offer letter as well as got the HR department to provide an Employment Verification Letter stating my name, title and salary. Now I need to work with my lawyer to respond to the RFE.
Thanks again to all who responded. I'll keep you folks updated once I submit my RFE response.
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unitednations
12-21 10:52 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
I don't agree that a person hasn't violated status unless uscis io informs the person.
If a person is here legally but not maintaining status (ie., unexpired I-94 card) but not adhering to the terms and conditions then the I-94 can be revoked by an IO in adjudication of immigration benefits or an immigration judge. This would mainly happen if a person is trying to extend h-1b or change employer and there existing i-94 card is still valid but immigration officer determines person wasn't maintaining status. They will not only deny the I-94 card in the new petition but they can also revoke the existing i-94 card. They very, very rarely do this.
more...
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bmoni
08-12 04:48 PM
All Eb3 please follow the thread http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-8.html#post1978863 . They need help looks like we may be onto something...it will be benefit everyone most important EB3.
Don't be disappointed.
We are focusing on another thread right now.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html
Please post your ideas on this thread.
Don't be disappointed.
We are focusing on another thread right now.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html
Please post your ideas on this thread.
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desi3933
03-09 01:04 PM
spillover happens only when there are more EB based visas available than the number actually issued in the last quarter,
People who don't believe the slow movement should get reality check done.
I am getting Red for this. Great.
People who don't believe the slow movement should get reality check done.
I am getting Red for this. Great.
more...
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Ennada
12-10 01:36 PM
Easy boys and girls. We will need to stay united to win this. Cool it and enjoy the holiday season. :)
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jnagendra
09-10 12:29 PM
we are behind horses.. :(
H.R. 6598: Prevention of Equine Cruelty Act of 2008
H.R. 4780: To enact title 51, United States Code, "National and Commercial Space Programs", as positive law
H.R. 6020: To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes
H.R. 5882: To recapture employment-based immigrant visas lost to bureaucratic delays and to...
H.R. 5924: Emergency Nursing Supply Relief Act
H.R. 5950: Detainee Basic Medical Care Act of 2008
H.R. 6598: Prevention of Equine Cruelty Act of 2008
H.R. 4780: To enact title 51, United States Code, "National and Commercial Space Programs", as positive law
H.R. 6020: To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes
H.R. 5882: To recapture employment-based immigrant visas lost to bureaucratic delays and to...
H.R. 5924: Emergency Nursing Supply Relief Act
H.R. 5950: Detainee Basic Medical Care Act of 2008
more...
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uma001
03-20 09:13 PM
Send me I'm. My prev post was deleted by mod becos they won't allow other websites to be published here
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bodhi_tree
06-06 02:40 PM
My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.
===========
Was your I485 Approval from Neb or Texas ?
===========
Was your I485 Approval from Neb or Texas ?
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eb3retro
08-16 03:39 PM
Because you guys are not as clever as EB2s.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
qesehmk
02-12 12:27 PM
Folks,
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
One can only infer based some facts and some assumptions.
Fact - Fallen new 485 demand (28% or more)
Fact - Law requires quarterly spillover.
Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
Fact - Dates did not move significantly
So all of these things fit together well only if one of the following is true
a) USCIS is utlizing the allocated visas.
b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.
Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
One can only infer based some facts and some assumptions.
Fact - Fallen new 485 demand (28% or more)
Fact - Law requires quarterly spillover.
Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
Fact - Dates did not move significantly
So all of these things fit together well only if one of the following is true
a) USCIS is utlizing the allocated visas.
b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.
Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.
ugotdude
11-21 11:03 AM
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I'm not able to open this URL? Getting the following message
404 - Requested Page Not Found on Site
The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I'm not able to open this URL? Getting the following message
404 - Requested Page Not Found on Site
The page you requested, http://www.uscis.gov/files/pressrel...h22_091206R.pdf, is not on our site.
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