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).
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bubbles
06-10 02:53 PM
I wonder if anybody noticed the cyclic pattern of dates for EB3 India
Bulletin date Visa date
9/1/2007 Unavailable
10/1/2007 April 22, 2001
Steadily Advancing
6/1/2008 Nov 01, 2001
7/1/2008 Unavailable
till
9/1/2008 Unavailable
10/1/2008 July 01, 2001
Steadily Advancing
4/1/2009 Nov 01, 2001
5/1/2009 Unavailable
till
9/1/2009 Unavailable
10/1/2009 Apr 15, 2001
Steadily Advancing
7/1/2010 Nov 22, 2001
Every time it hit Nov 2001, the dates were made unavailable and the cycle started again from early 2001.
I wonder what is going to happen next month??
Bulletin date Visa date
9/1/2007 Unavailable
10/1/2007 April 22, 2001
Steadily Advancing
6/1/2008 Nov 01, 2001
7/1/2008 Unavailable
till
9/1/2008 Unavailable
10/1/2008 July 01, 2001
Steadily Advancing
4/1/2009 Nov 01, 2001
5/1/2009 Unavailable
till
9/1/2009 Unavailable
10/1/2009 Apr 15, 2001
Steadily Advancing
7/1/2010 Nov 22, 2001
Every time it hit Nov 2001, the dates were made unavailable and the cycle started again from early 2001.
I wonder what is going to happen next month??
meridiani.planum
03-14 01:16 AM
What if one changes employer? Can this be done in that case as well?
yes
yes
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walking_dude
10-04 06:17 PM
Wake up and roar, "Tigers" and "Lions" of Detroit. Unfurl your "Red Wings" and pump up yours "Pistons".
... actually join us for a meet, greet and eat :D
... actually join us for a meet, greet and eat :D
more...
days_go_by
07-19 10:38 PM
You go back to India and withdraw one year later when you have 0 US income. Anything below 15K income is not taxable. Your 401 (K) withdrawal is added to your income for taxes
---
Are you sure about this headhunter?
Do you know who has successfully done this?
I understand the theory, but no one is willing to say for sure if this is indeed possible.
---
Are you sure about this headhunter?
Do you know who has successfully done this?
I understand the theory, but no one is willing to say for sure if this is indeed possible.
santb1975
05-01 04:21 PM
Did we reach 10K yet?
more...
newuser
06-25 09:06 PM
hello friends,
i am apply for renewal of my Advance Parole and i am on EAD rite now. What will be my Class of Admission in that form.
please help
thanks in advance.
If you last entered US on H1 or F1 or H4, that would be the class of admission.
Gurus, please correct me if I am wrong.
i am apply for renewal of my Advance Parole and i am on EAD rite now. What will be my Class of Admission in that form.
please help
thanks in advance.
If you last entered US on H1 or F1 or H4, that would be the class of admission.
Gurus, please correct me if I am wrong.
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eb2waiter
06-09 12:29 PM
A canadian citizen does not have to leave this country. But if your family members are not canadian citizens then they should leave. Also a canadian citizen can get a TN visa and work in US.
Instead you could just stay here till you get a similar job, and apply for 485 when visa numbers are available.
You should ask your company to not withdraw your petition.
Better to contact a lawyer.
Instead you could just stay here till you get a similar job, and apply for 485 when visa numbers are available.
You should ask your company to not withdraw your petition.
Better to contact a lawyer.
more...
mundada
01-12 05:06 PM
Guys while thinking more about this... why not approach EEOC and it will be cheaper. The commission was created to protect employee's rights.
Someone with EB2 from 2004 or EB3 from 2001 should be able to convince EEOC that he was forced to have same or similar jobs for a long time because of long wait for green card while at the same time people from other countries did not have any such hinderances in their career advancement. Therefore, the country quota in employment based green card category leads to discrimation at work.
Here are the contact details of EEOC:
Contact Us (http://www.eeoc.gov/contact/index.cfm)
Someone with EB2 from 2004 or EB3 from 2001 should be able to convince EEOC that he was forced to have same or similar jobs for a long time because of long wait for green card while at the same time people from other countries did not have any such hinderances in their career advancement. Therefore, the country quota in employment based green card category leads to discrimation at work.
Here are the contact details of EEOC:
Contact Us (http://www.eeoc.gov/contact/index.cfm)
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franklin
09-18 08:07 AM
so i understand how the whole 7% thing works now in relation to the total visa's available....
but what i dont get it the fact that EB3 ROW was at Aug 02 in april this year,
then in May it moved to AUG 03, so people were clearly getting through the system....
then in June it moved to June 05 so again in that month people where getting processed, and moving through the system....
then the July fiaco, i guess because they were running tight for visa numbers...ok water under the bridge.....
But now the Oct bullitin which is the start of the new fiscal year puts us back to AUG 02 again........how does that work??? i dont get it. how can they suddenly be dealing with people from 02 when even in May it was up to AUG 03???
I would have thought that with the start of a new fisacl year there would be a full fresh batch of numbers, and people would get through a bit quicker for a least a couple of months...you would have thought that it would be current for the first month on the new allotment....wouldnt you???
i dont get it.???
There is much info ont this board that explains why this happened? It has been posted and debated in much much detail. It boilds down to, visa numbers are allocated to each quarter. The visa quota year ends in September, so the run up to this was the last quarter of the year. Under mounting pressure a combination of the Department of State and the USCIS didn't want to be accused of wasting visa numbers again, so they pushed dates REALLY far forward to make sure they wouldn't.
That drama is now over and we return to the normal state of affairs.
Just because you are a Brit born and bred, don't think you'll get your visa any faster. IF your occupation does qualify you for an EB3 (Bachelors degree or experience equivalency) and you aren't in the states now on any kind of temprorary visa. What I don't understand is, if you aren't in the US now - what employer would sponsor someone for a greencard that won't arrive for about 6 years?
but what i dont get it the fact that EB3 ROW was at Aug 02 in april this year,
then in May it moved to AUG 03, so people were clearly getting through the system....
then in June it moved to June 05 so again in that month people where getting processed, and moving through the system....
then the July fiaco, i guess because they were running tight for visa numbers...ok water under the bridge.....
But now the Oct bullitin which is the start of the new fiscal year puts us back to AUG 02 again........how does that work??? i dont get it. how can they suddenly be dealing with people from 02 when even in May it was up to AUG 03???
I would have thought that with the start of a new fisacl year there would be a full fresh batch of numbers, and people would get through a bit quicker for a least a couple of months...you would have thought that it would be current for the first month on the new allotment....wouldnt you???
i dont get it.???
There is much info ont this board that explains why this happened? It has been posted and debated in much much detail. It boilds down to, visa numbers are allocated to each quarter. The visa quota year ends in September, so the run up to this was the last quarter of the year. Under mounting pressure a combination of the Department of State and the USCIS didn't want to be accused of wasting visa numbers again, so they pushed dates REALLY far forward to make sure they wouldn't.
That drama is now over and we return to the normal state of affairs.
Just because you are a Brit born and bred, don't think you'll get your visa any faster. IF your occupation does qualify you for an EB3 (Bachelors degree or experience equivalency) and you aren't in the states now on any kind of temprorary visa. What I don't understand is, if you aren't in the US now - what employer would sponsor someone for a greencard that won't arrive for about 6 years?
more...
Jimi_Hendrix
12-10 05:42 PM
First off it is quite frustrating with people not participating and not putting their money where their mouth is. However, on a constructive note, screaming at people for behaving the way they are behaving rarely gets them to meekly surrender and start doing the right thing. Whether people do it out of their own free will or after persuasion, it take courage for people to participate. What works is to look at the problem and not to personalize the issue. So poor participation is the issue. If you are consistently not getting enough people to attend then it makes sense to delay the frequency of the meetings as one option. The other option is to call people and ask why they were unable to attend and give them a chance to come for the next meeting. Maybe the projection of rounding up x people was based on poor assumptions. So setting realistic expectations and then building momentum from there is the key. This is a dry tough fight. We need to set up tangible goals which break the vision down yet show the grassroot level people how the baby steps will lead to success. Most people in my opinion, back off because they do not see a realistic connection between the baby steps and the final vision. I think if we treat this like a challenge and try to understand the underlying problems, this movement will have a better chance at success. Regards, JH
P.S. My apologies for offering unsolicited advice. Please feel free to ignore. and understand that my intentions are good.
P.S. My apologies for offering unsolicited advice. Please feel free to ignore. and understand that my intentions are good.
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lotsofspace
12-10 04:51 PM
I fully agree.
They may have some material education.
But Indian guys working here are third class fellows.
Arrogant, low tendencies, flase values etc.
They don't even mix with other Indians and think they are in Heaven or some thing.Don't worry if they loose their GCc.
These guys are unworthy of gettings GCs.
Best Regards
Don't make generalized comments. Are you an Indian ? If not why do you make such comments ? Did you meet all Indians ?
If you are an Indian, Do you consider yourself also arrogant, selfish third class person unworthy of a GC by your own definition ? You probably meant other Indians except you (Arrogance and selfishness by your definition) :)
They may have some material education.
But Indian guys working here are third class fellows.
Arrogant, low tendencies, flase values etc.
They don't even mix with other Indians and think they are in Heaven or some thing.Don't worry if they loose their GCc.
These guys are unworthy of gettings GCs.
Best Regards
Don't make generalized comments. Are you an Indian ? If not why do you make such comments ? Did you meet all Indians ?
If you are an Indian, Do you consider yourself also arrogant, selfish third class person unworthy of a GC by your own definition ? You probably meant other Indians except you (Arrogance and selfishness by your definition) :)
more...
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amitjoey
05-28 03:34 PM
Thank you truthinspector, ilamurugu for your contributions
Total: $ 8900
Thank you rayoflight for your encouragement.
Total: $ 8900
Thank you rayoflight for your encouragement.
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willwin
03-14 11:23 AM
Thanks BharatPremi!
Appreciate your response. I have couple of questions/thoughts. Your logic is based on the fact:
1. Not MANY cases left with PD before 2003
2. 2003 and 2005 most cases moved over to EB2
3. In July 2007, PD moved over to June 2003
What about cases in 2004? not many?
And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?
First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
Labor black Market flourished mainly in NY, CA and TX.
We saw a new animal "Virtual Office". Lot of ethically and
morally(Now even legally) illegitimate transfers occured
from EB3 to earl PD based EB2.
Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
May PERM was gonna to be released, people
fanatically started preparations to switch over to EB2
using PERM. So maximum fence hopping done in this
period and continued till 2006 mid.
Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.
So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I
Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.
Appreciate your response. I have couple of questions/thoughts. Your logic is based on the fact:
1. Not MANY cases left with PD before 2003
2. 2003 and 2005 most cases moved over to EB2
3. In July 2007, PD moved over to June 2003
What about cases in 2004? not many?
And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?
First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
Labor black Market flourished mainly in NY, CA and TX.
We saw a new animal "Virtual Office". Lot of ethically and
morally(Now even legally) illegitimate transfers occured
from EB3 to earl PD based EB2.
Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
May PERM was gonna to be released, people
fanatically started preparations to switch over to EB2
using PERM. So maximum fence hopping done in this
period and continued till 2006 mid.
Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.
So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I
Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.
more...
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md_alien
07-05 11:52 AM
dugg!
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
PLEASE DIGG!!!
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
PLEASE DIGG!!!
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walking_dude
10-07 10:40 AM
Kumar,
Are you attending 10/20 meeting at Troy Community Center (Troy) at 10:00 am [ Details are published else where in this thread]?
Also, chintu25 (sam) was looking for someone from Grand Rapids to talk to local (Grand Rapids) media reporter interested in doing a story on EB GC wait period. You should contact him and use this opportunity to highlight our issue and the way we have come together as 'Immigration Voice' to change the situation through lobbying and grassroots-level action
Hello Members ,
Is there any one living in and around Grand Rapids ?? Please mail me
thanks
kumar
Are you attending 10/20 meeting at Troy Community Center (Troy) at 10:00 am [ Details are published else where in this thread]?
Also, chintu25 (sam) was looking for someone from Grand Rapids to talk to local (Grand Rapids) media reporter interested in doing a story on EB GC wait period. You should contact him and use this opportunity to highlight our issue and the way we have come together as 'Immigration Voice' to change the situation through lobbying and grassroots-level action
Hello Members ,
Is there any one living in and around Grand Rapids ?? Please mail me
thanks
kumar
more...
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amitjoey
05-20 11:04 AM
Yes, we need more help from the media. That is why we have the media event - press conference on Tuesday June 8th. We need members to be there to show a good representation of EB-Community. Apart from that we need to send these emails/letters to media and the reps in 1000's everyday, so that we get the attention we deserve. Thank you everybody that is participating and sending emails every day. We can also print out and send letters.
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nlssubbu
09-25 02:38 PM
Frank,
Congrats on getting your green card and still continue to contribute for the cause of IV. I am also one among who got GC and still do what ever best I can to fight this injustice.
I hope many like us will continue to contribute their fair share even after getting their GC.
Regards
Congrats on getting your green card and still continue to contribute for the cause of IV. I am also one among who got GC and still do what ever best I can to fight this injustice.
I hope many like us will continue to contribute their fair share even after getting their GC.
Regards
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wkhalifa
06-17 09:54 PM
can any one help me i left my company and i joined another company (h1b transfer rec date was 3/13/07 and still pending is this normal ? if my previous company revoke my visa after the new copmany filed for the transfer will this be a reason for ins to deny my h1b transfer? please help
willy
willy
gc_buddy
01-02 01:09 AM
As far as my knowledge goes, the I 140 substitutions are no more accepted by USCIS. I may be wrong. Other members can comment..
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
ram04
09-27 04:42 PM
Prince ,
Any updates on Denaial notice?
Please post or PM me . I m waiting to hear from my attorney.
You are runnig out of time it seems, last week itself you said it is around 14 days.
Ram
Any updates on Denaial notice?
Please post or PM me . I m waiting to hear from my attorney.
You are runnig out of time it seems, last week itself you said it is around 14 days.
Ram
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