.gif "funny sayings and quotes")
gcdreamer05
03-09 12:41 PM
by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........
so what happened to the quareterly spill over ???????????
so what happened to the quareterly spill over ???????????
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anu_t
07-29 03:55 PM
wizkid , You are absolutely right. Reading your story is just a great inspiration.
Jello
04-05 08:39 AM
Has any body got any news or latest development about FBI name check?
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optimystic
03-18 03:43 PM
Unfortunately, this doesn't seem to be quite true as it contradicts the April bulletin. The bulletin says there are unused visas in the second category going to EB-2 India, and doesn't mention EB-1 at all.
There also seem to be people who are going to sue because they believe DOS ignoring per-country quotas is hurting their chances at EB-3 visas (i.e. they claim that if EB-2 India should get any extra visas then all of EB-3 ROW applications should be approved first). This situation is turning out to be quite interesting. I wonder if we're going to have another fiasco like the July 2007 one.
Just a question out of curiosity....why would someone choose 'taliban' as a login handle, knowing fully well the kind of unneccessary negative attention one can get. I do fully respect the individual's choice to choose her/her own id but just curious...And to jog the curiosity even more , this member seems to be tagged as 'banned' now.. :D...did the admins not like the chosen handle as well !!
There also seem to be people who are going to sue because they believe DOS ignoring per-country quotas is hurting their chances at EB-3 visas (i.e. they claim that if EB-2 India should get any extra visas then all of EB-3 ROW applications should be approved first). This situation is turning out to be quite interesting. I wonder if we're going to have another fiasco like the July 2007 one.
Just a question out of curiosity....why would someone choose 'taliban' as a login handle, knowing fully well the kind of unneccessary negative attention one can get. I do fully respect the individual's choice to choose her/her own id but just curious...And to jog the curiosity even more , this member seems to be tagged as 'banned' now.. :D...did the admins not like the chosen handle as well !!
more...
bsbawa10
03-09 01:38 PM
I cannot express my anguish.
chanduv23
09-27 11:04 AM
Well - though white racists may oppose - anything related to economy and development does go through.
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
more...
sugaur
05-28 09:44 PM
I Wish the border patrol was doing its job more efficiently and doing more searches not less. This way !@#$% illegals would be kicked out and our immigration process wouldnt be held hostage by them.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
I live near the Mexican border. There are border check points everywhere when you leave the city. They will stop you, ask you your status. First time I didnt have my passport or anything. He checked my drivers license and politely reminded me about the requirement to carry immigration documents. Since then, I always carry a copy of passport and H1B and have never had any problems.
I hate it when people cry and feel like they are being persecuted when asked to follow the law.
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bkarnik
07-25 06:46 PM
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(
From: Attorney
Sent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.
-----Original Message-----
From: Bkarnik
Sent: Tuesday, April 18, 2006 6:49 AM
To: attorney
Subject: Question..
Dear Attorney:
Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.
Thanks once again.
Bkarnik.
-----Original Message-----
From: AttorneySent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
Hello BKarnik,
Your argument is sound, however, U.S. Immigration does indeed adjudicate
I-765 EAD applications based upon eligibility for filing. Please click this
link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.
I hope this answers your questions.
Attorney
________________________________
From: Bkarnik
Sent: Monday, April 17, 2006 2:16 PM
To: Attorney
Subject: Question..
Dear Attorney:
I had a question for you (actually, it is a series of sub questions).
However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:
The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
These
regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
If
that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
Therefore,
the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.
With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?
Thank you for your time and patience,
Sincerely,
Bkarnik
Guys,
This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.
Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(
From: Attorney
Sent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.
-----Original Message-----
From: Bkarnik
Sent: Tuesday, April 18, 2006 6:49 AM
To: attorney
Subject: Question..
Dear Attorney:
Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.
Thanks once again.
Bkarnik.
-----Original Message-----
From: AttorneySent: Monday, April 17, 2006 4:57 PM
To: Bkarnik
Subject: RE: Question..
Hello BKarnik,
Your argument is sound, however, U.S. Immigration does indeed adjudicate
I-765 EAD applications based upon eligibility for filing. Please click this
link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.
I hope this answers your questions.
Attorney
________________________________
From: Bkarnik
Sent: Monday, April 17, 2006 2:16 PM
To: Attorney
Subject: Question..
Dear Attorney:
I had a question for you (actually, it is a series of sub questions).
However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:
The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
These
regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
If
that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
Therefore,
the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.
With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?
Thank you for your time and patience,
Sincerely,
Bkarnik
more...
downthedrain
02-02 07:09 PM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
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ingegarcia
02-15 04:40 PM
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
This is not true otherwise EB3 ROW would not be in 2005.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
This is not true otherwise EB3 ROW would not be in 2005.
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feedfront
10-07 12:27 PM
Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.
RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]
RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]
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feedfront
09-14 12:23 PM
I've been current since July, 2010 and got RFE on Sept 10, 2010. I don't have letter with me as yet to know about RFE.
Before I got REF email, I waited for few weeks then tried followings:
1) Took infopass : Officer sent email to expedite.
2) Wrote to Senator: got reply they would get reply in 60-90 days
3) Sent an email via attorney to TSC: got automated response.
Waiting for RFE mail...
Before I got REF email, I waited for few weeks then tried followings:
1) Took infopass : Officer sent email to expedite.
2) Wrote to Senator: got reply they would get reply in 60-90 days
3) Sent an email via attorney to TSC: got automated response.
Waiting for RFE mail...
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nogc_noproblem
09-26 01:49 PM
Sent the mail to Editor
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goel_ar
08-08 09:47 AM
I work at one of these companies & they applied for my GC.
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ca_immigrant
06-08 09:10 PM
10 yrs???? what are you talking about, the pace at which we are going right now.. minimum 200 yrs+- 6 months:confused:
saxena sabhib,
maafi chata huin but I do not agree with your analysis....
(I am sorry but I do not agree with your analysis)....
I am thinking more like.....he pace at which we are going right now.. minimum 200 yrs+- 5 months
(so my prediction is one month less than yours)....I am sure I am right and you are rong...;)
anways, USCIS does not seem to help us anymore....
I will go home and try to convince my daughter to sponsor me.....she is 4 currently so I might be able to convince her and get a legal document signed....
have a good evening folks !
saxena sabhib,
maafi chata huin but I do not agree with your analysis....
(I am sorry but I do not agree with your analysis)....
I am thinking more like.....he pace at which we are going right now.. minimum 200 yrs+- 5 months
(so my prediction is one month less than yours)....I am sure I am right and you are rong...;)
anways, USCIS does not seem to help us anymore....
I will go home and try to convince my daughter to sponsor me.....she is 4 currently so I might be able to convince her and get a legal document signed....
have a good evening folks !
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GCKaMaara
10-15 01:23 PM
Flowers can work this time also. Any/All suggestions, which help to pass the visa recapture bill are most welcome. I think, right time to start any campaign would be after election. In the meantime, we can utilize this time to come up with firm action plan. IV core team is requested to decide the course of action and declare the action plan.
How do we discuss with core team? ItIsNotFunny or GCOP are you chapter or something?
How do we discuss with core team? ItIsNotFunny or GCOP are you chapter or something?
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sanju
04-04 03:47 PM
if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.
And, even if the bill would do that you have said, how would it help speed up the green card process?
That is not the intent of the bill. The intent of this bill is to make H1 process so difficult that it will be almost impossible to file for someone's H1 application. IEEE has lobbied to reduce the H1 numbers for very long time. Now that they realized that H1 numbers are not likely to decrease, they want to make the H1 program so difficult/strict that, for all practical purposes, employers will not be able to hire someone on H1.
And, even if the bill would do that you have said, how would it help speed up the green card process?
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bestia
08-15 04:11 PM
DOS/USCIS learned to do copy and paste :) "01JAN07"
And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.
And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.
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Ramba
07-14 06:39 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
Yes. If they revoked the 140 before 180 days of 485 pending, USCIS might have directly denied your 485. They normally dont issue RFE. Since, you recived RFE, I guess it is after 180 days. So hang on. Reply correctly to RFE with all details. You will be fine.
Are you sure they are revoking your 140?
nk2006
12-27 08:54 AM
GUYS THIS SEEMS INCORRECT, I HAVE A 529 FOR BOTH MY BOYS......MY FINANCIAL BROKER SET IT UP FOR ME..
I also have opened 529 account couple years ago (and contributing to it monthly ever since). No issues (no questions were asked about my visa status) while opening or during my monthly contributions. My understanding is, we can use these funds anywhere in the world as long as the money taken out is used for higher educaiton of designated beneficiary.
The biggest disadvantage for us is in our jobs - so many jobs are advertised with a clear mention that they dont support visa. This is not restricted to some mom and pop tech shops even some bigger companies do that. Also in big companies where H1B's are welcomed (like Cisco, Microsoft etc); they dont take you if you have less remaning time on your H1B. I knew a case where a friend of mine was interviewed and offered a very good position in one such reputed companies. The interview/background check process took two/three months at the end of it they realized that the personal have only 1year 4months left on his H1B visa. So they told him they wont take him; reason given is company policy that they need atleast 2 years on your H1B so that they have enough time to sponsor greencard etc. There are so many such instances where we are losing big time on our careers in the peak of our lifes.
I also have opened 529 account couple years ago (and contributing to it monthly ever since). No issues (no questions were asked about my visa status) while opening or during my monthly contributions. My understanding is, we can use these funds anywhere in the world as long as the money taken out is used for higher educaiton of designated beneficiary.
The biggest disadvantage for us is in our jobs - so many jobs are advertised with a clear mention that they dont support visa. This is not restricted to some mom and pop tech shops even some bigger companies do that. Also in big companies where H1B's are welcomed (like Cisco, Microsoft etc); they dont take you if you have less remaning time on your H1B. I knew a case where a friend of mine was interviewed and offered a very good position in one such reputed companies. The interview/background check process took two/three months at the end of it they realized that the personal have only 1year 4months left on his H1B visa. So they told him they wont take him; reason given is company policy that they need atleast 2 years on your H1B so that they have enough time to sponsor greencard etc. There are so many such instances where we are losing big time on our careers in the peak of our lifes.
logiclife
12-20 07:14 PM
Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.
Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.
Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.
If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.
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