gccovet
06-28 05:21 PM
I have some questions:
I have EAD and AP, but i never used it. Still working on H1.
My wife used EAD but never went outside US..so never used AP.
1) In EAD form, for Q.15 Current Immigration Status for me and my wife?
2) In AP form, for "Class of Admission", what should I write for me and my wife?
Thanks
Q15: For you = H1B For Wife = AOS Pending
#2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)
You =H1B Wife =H4
GCCovet
I have EAD and AP, but i never used it. Still working on H1.
My wife used EAD but never went outside US..so never used AP.
1) In EAD form, for Q.15 Current Immigration Status for me and my wife?
2) In AP form, for "Class of Admission", what should I write for me and my wife?
Thanks
Q15: For you = H1B For Wife = AOS Pending
#2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)
You =H1B Wife =H4
GCCovet
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NolaIndian32
04-28 10:17 AM
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Thanks Sonaliak!!!
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saranus
01-30 03:05 PM
Hi
I am currently in US. I Have withCompany A for almost 2 years, I plan to do H1 transfer to Company B, Here I understand, I need to give last two months pay statements (ie., pay statement with Company A).
I can join in Company B at any time once H1 Transfer done.
At the same time, My Company A is planning to do H1 transfer to its sister concern Company C.
Scenario A)
Assume I transferred my H1b to Company B my own (using Company A's two month pay statement), then after 10 days
my present Company A transferred my H1b to Company C,
Ie., I gets pay statements from Company C.
Queries #1)
Can I join with Company B ?
Should I need to produce Company C's pay statement if I decided to join with Company B ?
Should I need to do another H1 Transfer to Company B ?
becz, I did H1 transfer to Company B before I join to Company C.
Scenario B).
Assume
I didnot transfer my H1b to company B,
My present Company A transferred my H1b to Company C,
Queries #1)
Can I do H1 Transfer after I join in Company C (with in 1 or 2 months) ?
Could you please advise. Thank you.
I am currently in US. I Have withCompany A for almost 2 years, I plan to do H1 transfer to Company B, Here I understand, I need to give last two months pay statements (ie., pay statement with Company A).
I can join in Company B at any time once H1 Transfer done.
At the same time, My Company A is planning to do H1 transfer to its sister concern Company C.
Scenario A)
Assume I transferred my H1b to Company B my own (using Company A's two month pay statement), then after 10 days
my present Company A transferred my H1b to Company C,
Ie., I gets pay statements from Company C.
Queries #1)
Can I join with Company B ?
Should I need to produce Company C's pay statement if I decided to join with Company B ?
Should I need to do another H1 Transfer to Company B ?
becz, I did H1 transfer to Company B before I join to Company C.
Scenario B).
Assume
I didnot transfer my H1b to company B,
My present Company A transferred my H1b to Company C,
Queries #1)
Can I do H1 Transfer after I join in Company C (with in 1 or 2 months) ?
Could you please advise. Thank you.
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Macaca
09-14 03:21 PM
What keeps
so many people back is
simply
unwillingness to pay the price,
to make the exertion,
the effort to sacrifice
their ease and comfort
Orison Swett Marden
so many people back is
simply
unwillingness to pay the price,
to make the exertion,
the effort to sacrifice
their ease and comfort
Orison Swett Marden
more...
garybanz
09-20 01:51 PM
San Jose was a local CA event planned almost spontaneously. DC was an event planned months in advance. People were offered Free ride, Free plane fare, Free food (in Gurdwaras). Yet how many participated?
I have been refraining from posting on this point, as I wouldn't like to belittle the contributions of the strong team from California and the numbers they brought to the rally.
But let's face it. CA has more EB immigrants than the next three. Look at the recent 2006 Performance report from DoL (available at Mathew Oh website). CA had 21,000+ labor petitions compared to NY - 7,000, NJ - 7,000(?) , TX - 5000. As you can see CA scores more than the next three states put together.
If 40 people participate from NY, it's as good as 120 from Cal. Percentagewise it would be the same. If 40 peope walk in Michigan ( 2000 Labor petitions) statistically it would surpass CA, percentagewise.
It's a known thing that only 5%-10% of the population participates actively in the most successful movements be it American Revolution or struggle for Indian Independence. We haven't reached that critical mass yet ( at the regional level)
There is an enthusiasm right now. But how long before the fatigue sets in? Rallies need to be minimal, held with certain strategic target and should serve some specific purpose.
Weekend rallies attracting bigger crowds is a myth. Be prepared to listen to reasons like - Shucks I have to mow the lawn, take kids to Bharatanatyam dance classes, I have relatives over for lunch etc.
With that logic if we hold rallies over the LONG weekends, we should attract bigger crowd, since people have 2-3 days to relax afterwards. And since people already plan to visit Orlando, LA etc to visit Disneyland, Universal etc., if we can hold rallies there we should attract the highest possible crowd. Do you think my idea will work?
I agree with you 100%. Question is - who'll bell the cat? Who will take the lead and sacrifice their time, family life etc. to plan, organize and conduct these?
We need a fearless leader like Aman Kapoor, who can motivate and inspire people to participate, in every state. Where can we find them?
The answer is we all will have to bell the cat...and it will take more than a few attempts to do that.
IMHO, we should focus on what we can do rather than focusing on what some people could have done or what some one did to dampen the last attempt.
People will always find time for what is important to them; all we can do is try to make it more convenient and keep giving then enough opportunities.
We should have some sales/marketing people on this forum; they could have told us about how long it takes to convert a prospect to a customer.
Have faith my friend...
I have been refraining from posting on this point, as I wouldn't like to belittle the contributions of the strong team from California and the numbers they brought to the rally.
But let's face it. CA has more EB immigrants than the next three. Look at the recent 2006 Performance report from DoL (available at Mathew Oh website). CA had 21,000+ labor petitions compared to NY - 7,000, NJ - 7,000(?) , TX - 5000. As you can see CA scores more than the next three states put together.
If 40 people participate from NY, it's as good as 120 from Cal. Percentagewise it would be the same. If 40 peope walk in Michigan ( 2000 Labor petitions) statistically it would surpass CA, percentagewise.
It's a known thing that only 5%-10% of the population participates actively in the most successful movements be it American Revolution or struggle for Indian Independence. We haven't reached that critical mass yet ( at the regional level)
There is an enthusiasm right now. But how long before the fatigue sets in? Rallies need to be minimal, held with certain strategic target and should serve some specific purpose.
Weekend rallies attracting bigger crowds is a myth. Be prepared to listen to reasons like - Shucks I have to mow the lawn, take kids to Bharatanatyam dance classes, I have relatives over for lunch etc.
With that logic if we hold rallies over the LONG weekends, we should attract bigger crowd, since people have 2-3 days to relax afterwards. And since people already plan to visit Orlando, LA etc to visit Disneyland, Universal etc., if we can hold rallies there we should attract the highest possible crowd. Do you think my idea will work?
I agree with you 100%. Question is - who'll bell the cat? Who will take the lead and sacrifice their time, family life etc. to plan, organize and conduct these?
We need a fearless leader like Aman Kapoor, who can motivate and inspire people to participate, in every state. Where can we find them?
The answer is we all will have to bell the cat...and it will take more than a few attempts to do that.
IMHO, we should focus on what we can do rather than focusing on what some people could have done or what some one did to dampen the last attempt.
People will always find time for what is important to them; all we can do is try to make it more convenient and keep giving then enough opportunities.
We should have some sales/marketing people on this forum; they could have told us about how long it takes to convert a prospect to a customer.
Have faith my friend...
gapala
03-20 08:12 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
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food2006
06-13 08:31 PM
Thank you everybody for their all hardwork.
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msyedy
05-31 03:04 PM
Yes that is true. They are lobbying strongly for H1b though they are supporting GC increases. Actually with H1b you can stay unlimited years if you apply gc. So there is no urgency for corporations to resolve the issue. They do not have fear of losing you as you are going to stay in USA until you get green card
You are right, but they do have some or may be a little more interest in the GC process too.
1) Because they are paying a lot of money to these consultant companies which they want to reduce.
2)Come to wall street, you will see so many consultants that are needed here to keep this economy running. A high number of H1-B will definitly reduce the price but still they will not get what they want meaning a permanent employee on a lesser pay. Tech companies cannot hire a person permanently because he is stuck with his employer who has filed his GC.
The companies cant continue to pay a lot to these consultanting companies.
Secondly this country should attract good brains, who might not want to come here. Believe me my friends in india are happy there and do not want to come here. They are living in there own homes with families, enjoying every part of our indian culture and are happy.
If nothing really works out here I will be looking out for an oppurtunity back home.
You are right, but they do have some or may be a little more interest in the GC process too.
1) Because they are paying a lot of money to these consultant companies which they want to reduce.
2)Come to wall street, you will see so many consultants that are needed here to keep this economy running. A high number of H1-B will definitly reduce the price but still they will not get what they want meaning a permanent employee on a lesser pay. Tech companies cannot hire a person permanently because he is stuck with his employer who has filed his GC.
The companies cant continue to pay a lot to these consultanting companies.
Secondly this country should attract good brains, who might not want to come here. Believe me my friends in india are happy there and do not want to come here. They are living in there own homes with families, enjoying every part of our indian culture and are happy.
If nothing really works out here I will be looking out for an oppurtunity back home.
more...
Ramba
09-12 11:51 AM
dont be confused with "legal immigration", legal immigration in obama's world means family based immigration (vote bank politics) not EB immigration.
This is becuse about totally about 1 million people immigrate into US, out of which EB immigration is just 140K. Remaining are FB based. So, always EB is a piggy bag rider. In US, genereally immigration means family based immigration.
This is becuse about totally about 1 million people immigrate into US, out of which EB immigration is just 140K. Remaining are FB based. So, always EB is a piggy bag rider. In US, genereally immigration means family based immigration.
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vjkypally
11-15 02:39 PM
Very true, this is a place for Great Ideas........Thank you for that info. I was not visiting the forums regularly then, and the only time I saw it was when IV core was already supporting it and encouraging everyone to do it. I have seen many great ideas on the forums.
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baladev
06-20 08:11 AM
hello sanju and mandal
What senthil has said in his earlier post were actual facts and he is thinking much wider than you guys. In a public forum like this, comments from a senior member like this are not appreciated.
<Many of us who visit IV forums everyday know that snethil1 is an idiot>.... DO NOT CREATE AN IMPRESSION OR REPRESENT YOURSELF AS REPRESENTATIVE OF THE WHOLE CROWD.
Good luck!
(Note: I wont have time to argue further)
Hello mmandal,
Many of us who visit IV forums everyday know that snethil1 is an idiot. I would highly recommend more people to add him to your ignore list, just as I did. I read his post because you quoted him in your post. Otherwise his posts do not even show up on my screen. He and his posts are inconsequential if you add him to your ignore list.
Hope this helps.
Thanks,
What senthil has said in his earlier post were actual facts and he is thinking much wider than you guys. In a public forum like this, comments from a senior member like this are not appreciated.
<Many of us who visit IV forums everyday know that snethil1 is an idiot>.... DO NOT CREATE AN IMPRESSION OR REPRESENT YOURSELF AS REPRESENTATIVE OF THE WHOLE CROWD.
Good luck!
(Note: I wont have time to argue further)
Hello mmandal,
Many of us who visit IV forums everyday know that snethil1 is an idiot. I would highly recommend more people to add him to your ignore list, just as I did. I read his post because you quoted him in your post. Otherwise his posts do not even show up on my screen. He and his posts are inconsequential if you add him to your ignore list.
Hope this helps.
Thanks,
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apb
09-07 06:07 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
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kiran24
05-29 03:07 PM
Transaction ID: 2AP74378HV329524U
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eastindia
03-25 10:01 AM
Spillover will start happening in 75 days. Wait is getting reduced by the day.
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Hermione
09-28 10:46 AM
Yes, USCIS IS capable of processing quickly (for example, my own case - but I'd say I was very VERY lucky, rather than an indication of system wide improvements). Remember, my GC was approved whilst my PD was not current, and I am still baffled why this happened. Having talked to many people about it, there is a strong suspicion of "squeaky wheel" helping.
Neah, there were too many approved to be all squeaky wheels. I think I know what they did. On July 1st they ran a simple query and picked up every application that has had no outstanding RFEs and had cleared namecheck, and then assigned them a visa number. If your receipt is from June, you may have cleared namecheck by July 1st, so you got the number. The rest (fingerprint check and approval itself) is just technicality.
I am on the opposite spectrum of the processing - been pending since early 2006 in EB2 ROW. My namecheck cleared late August - guess what, I am still waiting, perhaps until new numbers become available in October (even though I am current). Even though I have been waiting longer, they really finished working on my petition in June of 2006, so everything on the CIS side, including an RFE was done in 4 months. So, I really do not think your case is an exception. Most current approvable petitions that are not stuck in namecheck are approved in 3-4 months. So, in my opinion, quotas are the main culpit. Namecheck is easier to tackle because it gets a lot of bad publicity from delayed naturalization cases.
Neah, there were too many approved to be all squeaky wheels. I think I know what they did. On July 1st they ran a simple query and picked up every application that has had no outstanding RFEs and had cleared namecheck, and then assigned them a visa number. If your receipt is from June, you may have cleared namecheck by July 1st, so you got the number. The rest (fingerprint check and approval itself) is just technicality.
I am on the opposite spectrum of the processing - been pending since early 2006 in EB2 ROW. My namecheck cleared late August - guess what, I am still waiting, perhaps until new numbers become available in October (even though I am current). Even though I have been waiting longer, they really finished working on my petition in June of 2006, so everything on the CIS side, including an RFE was done in 4 months. So, I really do not think your case is an exception. Most current approvable petitions that are not stuck in namecheck are approved in 3-4 months. So, in my opinion, quotas are the main culpit. Namecheck is easier to tackle because it gets a lot of bad publicity from delayed naturalization cases.
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sc3
07-18 02:23 PM
U know what, actually we all eb2 guys are very sad about the eb3 plight. And if we do get a visa number, we will request uscis to dsitribute it to eb3 category. does this make u guys happy now ???
why dont u think abt those guys, who filed in eb3 earlier, knew that the trouble is brewing, and switched jobs to be able to file under eb2. why you guys dint do that so far. dont blame uscis. they were, the are and they will remain a mystery for ever. its not our birthright. if DOS thinks they need more research grads, they will keep eb1 current, if they need more exp guys, they will improve the b2 category. And if they need more frsh grads, they will come to eb3. And if some exp person is stuck in eb3, he himself is to be blamed. dont blame anyone else for your ignorance of GC rules then.
So fact is we all are under DOS/USCIS mercy. 2 years back it was eb3 turn, now it is eb2 turn. Unfortunately no is blaming why ebI is always current. if that reason you can digest, then you should have the gall to digest this one too.
Ok, this thread is degenerating. I had told nothing against EB2 other than saying that we cant be happy for anyone given our situation. We are not asking for any pity, or asking for you to be sad for us. You being (or anyone) sad for us will not make us happy. You "asking USCIS to give us your numbers" will not make us happy either.
So please stop saying things which is obviously trying to make light of our situation. I see that even though most EB3ers are talking about why the law changed and if it is reasonable for the law to have been reinterpreted, *most* EB2s are responding at a personal level.
BTW: DoS does not make the determination if they want more or less of Eb1, Eb2, and Eb3s. The law does that. Also note that it wants all 3 categories in equal quantities -- when there is sufficient demand.
why dont u think abt those guys, who filed in eb3 earlier, knew that the trouble is brewing, and switched jobs to be able to file under eb2. why you guys dint do that so far. dont blame uscis. they were, the are and they will remain a mystery for ever. its not our birthright. if DOS thinks they need more research grads, they will keep eb1 current, if they need more exp guys, they will improve the b2 category. And if they need more frsh grads, they will come to eb3. And if some exp person is stuck in eb3, he himself is to be blamed. dont blame anyone else for your ignorance of GC rules then.
So fact is we all are under DOS/USCIS mercy. 2 years back it was eb3 turn, now it is eb2 turn. Unfortunately no is blaming why ebI is always current. if that reason you can digest, then you should have the gall to digest this one too.
Ok, this thread is degenerating. I had told nothing against EB2 other than saying that we cant be happy for anyone given our situation. We are not asking for any pity, or asking for you to be sad for us. You being (or anyone) sad for us will not make us happy. You "asking USCIS to give us your numbers" will not make us happy either.
So please stop saying things which is obviously trying to make light of our situation. I see that even though most EB3ers are talking about why the law changed and if it is reasonable for the law to have been reinterpreted, *most* EB2s are responding at a personal level.
BTW: DoS does not make the determination if they want more or less of Eb1, Eb2, and Eb3s. The law does that. Also note that it wants all 3 categories in equal quantities -- when there is sufficient demand.
more...
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amitjoey
05-25 03:52 PM
Thank you everybody that has contributed. We need to raise $50,000 in the next 15 days. That is $3334 raised every day. Now even though this looks like a big amount to raise, with a collective effort we can do this.
Goal by end of today: $23,338
Amount Reached: $6,300
Goal by end of today: $23,338
Amount Reached: $6,300
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go_gc_way
06-14 02:47 AM
Congratulations to all who can file for 485.
I am assuming , those who are eligible can file for 485 during the entire month of July , irrespective of next bulletin for August that will be released sometime between Jul 10th and 15th. (Can some one please confirm.)
Thanks (always) to IV and congratulations. Does any one know why Waldenpond said it is best to apply by the the of 2nd July.
Once again congratulations :)
I am assuming , those who are eligible can file for 485 during the entire month of July , irrespective of next bulletin for August that will be released sometime between Jul 10th and 15th. (Can some one please confirm.)
Thanks (always) to IV and congratulations. Does any one know why Waldenpond said it is best to apply by the the of 2nd July.
Once again congratulations :)
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santb1975
04-26 11:01 AM
Keep contributing folks
rennieallen
09-29 06:36 PM
then why are visas about to be wasted yet again this year?
after...they said all numbers were exhausted on July 2?
Because of NC what else?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
Sigh... it's never simple...
That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).
OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).
Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.
Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.
Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).
So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).
Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.
Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).
So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.
So why not let people apply before their PD is current then?
The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).
So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.
I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).
If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...
Like I said... it is never simple...
Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).
Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
I am certainly not asking you to defend them.
This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.
I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).
after...they said all numbers were exhausted on July 2?
Because of NC what else?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
Sigh... it's never simple...
That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).
OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).
Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.
Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.
Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).
So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).
Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.
Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).
So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.
So why not let people apply before their PD is current then?
The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).
So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.
I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).
If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...
Like I said... it is never simple...
Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).
Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
I am certainly not asking you to defend them.
This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.
I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).
factoryman
02-12 11:49 AM
The American Academy of Nursing is NOT in poor light. Did you read their prescription for the nurses staffing and issues related to it?
With comments like these, we are digging our own grave. The issue is retrogression and not hopital and health care economics. I pay USD 14000 for a family of four and by god's grace, never been to one.
I know may of these nurses who are being exploited by the bodyshops like HLG. They pay a meagre salary to nurses and exploit them on signed contract. Please, please.. use your brains minus emotion.
May 26, 2006
Letters to the Editor
The New York Times
229 West 43rd Street
New York, NY 10036
Re: "U.S. Plan to Lure Nurses May Hurt Poor Nations" (Celia W. Dugger, May 24, 2006)
Addressing the U.S. nursing shortage is critical to providing quality health care, and the American Academy of Nursing (AAN) is working to identify ways to ease this shortage within our own boarders.
Your article addressed the fact that the capacity at the nation's nursing schools is limited and therefore applicants are turned away. Student capacity at nursing schools could be expanded by increasing the number of doctorally prepared faculty and making sure institutions offer the necessary pre-requisite courses for potential nurses to increase the pool of qualified applicants.
More must be done to retain qualified nurses by improving the working environment. The AAN has commissioned a task force to identify ways to have technology aid us in reducing the administrative workload of nurses in order to allow more time for patient care.
Before we look elsewhere, there is more we can do in the United States to recruit and retain talented nurses.
Sincerely,
Linda Burnes Bolton, DrPH, RN, FAAN
President
American Academy of Nursing
American Academy of Nursing (http://www.aannet.org/news/2006/06022006.asp)
nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.
With comments like these, we are digging our own grave. The issue is retrogression and not hopital and health care economics. I pay USD 14000 for a family of four and by god's grace, never been to one.
I know may of these nurses who are being exploited by the bodyshops like HLG. They pay a meagre salary to nurses and exploit them on signed contract. Please, please.. use your brains minus emotion.
May 26, 2006
Letters to the Editor
The New York Times
229 West 43rd Street
New York, NY 10036
Re: "U.S. Plan to Lure Nurses May Hurt Poor Nations" (Celia W. Dugger, May 24, 2006)
Addressing the U.S. nursing shortage is critical to providing quality health care, and the American Academy of Nursing (AAN) is working to identify ways to ease this shortage within our own boarders.
Your article addressed the fact that the capacity at the nation's nursing schools is limited and therefore applicants are turned away. Student capacity at nursing schools could be expanded by increasing the number of doctorally prepared faculty and making sure institutions offer the necessary pre-requisite courses for potential nurses to increase the pool of qualified applicants.
More must be done to retain qualified nurses by improving the working environment. The AAN has commissioned a task force to identify ways to have technology aid us in reducing the administrative workload of nurses in order to allow more time for patient care.
Before we look elsewhere, there is more we can do in the United States to recruit and retain talented nurses.
Sincerely,
Linda Burnes Bolton, DrPH, RN, FAAN
President
American Academy of Nursing
American Academy of Nursing (http://www.aannet.org/news/2006/06022006.asp)
nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.
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