smuggymba
08-21 12:35 PM
Thread Starter - unless you tell EXACTLY which GC category you fall in, when exactly was it applied - is the employment based, family based or what........ur asking questions but tellt he TECHNICAL details of your case..rather than saying USCIS is bad etc.
USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.
To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.
The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.
Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.
USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.
To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.
The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.
Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.
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moonrah
08-07 11:10 AM
how do I translate this to future EB date movements?
ronhira
04-10 10:40 AM
Time and again I am telling. EB 3 problem is due to 245(i) cases. Once 245(i) primaries are over, their dependent will come into the picture, who are waiting back home. All 245(i) cases have PD before April 2001. For time being, EB3 I or Mexico move beyond April 01 but again retrogress back to the April 01 when cases are accumulate at CP. This is the reason why EB3 I and Mexico is not moving since last many years.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
what r u...... y don't u file foia to prove your twisted racist theories.... y r u always attacking mexican immigrants or 245(i)...... 245(i) was a LEGAL provision in the law...... who made that law..... congress....... assuming any merit to u'r racist theory.... y r u faulting the people who filed 245(i)..... y not fault the congress for passing 245(i) & not passing immigration bill....
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
what r u...... y don't u file foia to prove your twisted racist theories.... y r u always attacking mexican immigrants or 245(i)...... 245(i) was a LEGAL provision in the law...... who made that law..... congress....... assuming any merit to u'r racist theory.... y r u faulting the people who filed 245(i)..... y not fault the congress for passing 245(i) & not passing immigration bill....
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trueguy
07-03 05:50 PM
Everyone,
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
Can we stick to the subject please?
Where is the online petition and how soon can we collect all the signature so they can help in getting those three bills approved.
Thanks
more...
gc_on_demand
09-11 09:41 AM
Any one has idea ?
senthil1
02-04 03:40 AM
Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
See response below.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
See response below.
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Abhinaym
09-10 10:50 AM
How many posts are required to access chat feature?
50, it said on the log in screen.
50, it said on the log in screen.
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delhikadesi
11-11 01:16 AM
You will cure a lot of ppl, atleast I burst in laughter..
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
more...
kedrex
07-18 08:02 PM
bump it up - this is way too important!
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desi3933
01-31 06:00 PM
desi3933,
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
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yabadaba
09-27 10:56 AM
moneyman->awesome post on your brother's experience. this will enable many of us fence sitters thinking about r2i ing to take the plunge.
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sapota
08-15 04:55 PM
Surprised by visa bulletin mentioning cutoff dates for EB1, EB2 & EB3 ROW & philipines instead of U.
Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)
Or were these cases waiting for FBI check so could not use up visa numbers??
Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.
Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.
But hey, lets keep pushing, we dont want hope to be a mirage do we.
Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)
Or were these cases waiting for FBI check so could not use up visa numbers??
Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.
Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.
But hey, lets keep pushing, we dont want hope to be a mirage do we.
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06-10 04:24 PM
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perm2gc
01-11 03:25 PM
http://www.laborlawtalk.com/showthread.php?p=850460#post850460
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http://www.indiacause.com/services/advt/advt_lst_one.asp?srno=10394
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arunmohan
07-02 12:37 PM
I will give my full support. Even I will ask my all colleague and my boss to sign it.
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ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Jaime
09-10 09:55 PM
Microsoft using cricket to try to stop Reverse Brain Drain!!
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kaisersose
02-21 04:12 PM
I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
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pcs
11-10 09:06 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Googler
02-20 03:11 PM
googler u r the new berkeleybee!!
can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?
I try not to abuse his patience too much -- this was the first time ever that I called him twice in the matter of seven days. ;-)
can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?
I try not to abuse his patience too much -- this was the first time ever that I called him twice in the matter of seven days. ;-)
wellwisher02
04-29 07:03 AM
I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.
Good luck to everyone else!
------------
Hearty Congratulations!
You can change yourself from Googler to Explorer. :-) :)
Good luck to everyone else!
------------
Hearty Congratulations!
You can change yourself from Googler to Explorer. :-) :)
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