BPforGC
08-11 01:39 PM
Sir
I got I-140 approved based on EB2-NIW (filed in April 2007). No labor required.
I filed my 485 during July 2007 when everything became current.
When they get to my 485, are they going to process and approve if VISA number is available based on the filing date?
(or)
Then will keep it aside until EB2 for India becomes current based on my I-140 filing date (which is April 2007)? Currently the date for India is June 2006.
So, approving 485 is based on order of filing and VISA number availability or based on priority date at the time of 485 reviewing?
In other words, do USCIS assign VISA numbers only for the petitions whose priority date is current at the very moment when the IO looks into the application i.e., is it prevented by Law to assign VISA numbers to petitions whose priority dates are not current at the time of assigning?
Thank you very much.
I got I-140 approved based on EB2-NIW (filed in April 2007). No labor required.
I filed my 485 during July 2007 when everything became current.
When they get to my 485, are they going to process and approve if VISA number is available based on the filing date?
(or)
Then will keep it aside until EB2 for India becomes current based on my I-140 filing date (which is April 2007)? Currently the date for India is June 2006.
So, approving 485 is based on order of filing and VISA number availability or based on priority date at the time of 485 reviewing?
In other words, do USCIS assign VISA numbers only for the petitions whose priority date is current at the very moment when the IO looks into the application i.e., is it prevented by Law to assign VISA numbers to petitions whose priority dates are not current at the time of assigning?
Thank you very much.
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485Mbe4001
05-29 06:07 PM
I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
can somebody summarise it and make a action plan
nik.patelc
09-04 11:54 AM
People dying for corrupt politician..God Save India
Dont just fool by news and be little skeptical . All system(media, politician ) is so corrupted. You never know, This may be manufactured news, labeling natural deaths across AP to Shock/suide to make easy road for his son to be CM....
Dont just fool by news and be little skeptical . All system(media, politician ) is so corrupted. You never know, This may be manufactured news, labeling natural deaths across AP to Shock/suide to make easy road for his son to be CM....
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colors
09-06 04:16 PM
Immigrstion attorney,
What is the procedure to update USCIS on any missing documents once we filed our I-485 instead of getting RFE.
Thanks
What is the procedure to update USCIS on any missing documents once we filed our I-485 instead of getting RFE.
Thanks
more...
samay
07-14 06:51 AM
How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.
It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.
It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.
nrk
01-14 01:57 PM
I don't see any problem for EAD and AC21 people
Will this rule effect on EAD and AC21 also?
Will this rule effect on EAD and AC21 also?
more...
ChainReaction
10-19 11:37 AM
You are right. You are allowed to stay 3 years out of last 5 years outside of Canada. Your PR should still be good.
one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).
one exception is if your spouse is a Canadian citizen or if you are working for a Canadian subsidiary (I am not sure if it has to be a governmental ).
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angelfire76
01-14 02:38 PM
What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.
Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.
Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.
more...
kuhelica2000
02-12 08:21 PM
Per country limit applies to every country in exactly the same way. It doesn't discriminate between Chad or China. So, how is it discrimination? And think about it- in Olympics soccer/basketball every country can send only one team. Should China and India be allowed to send more teams since they have a larger population? We should try to increase the number of GCs.
No matter which side you are on, the quota system sucks. Period.
1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!
How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?
I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!
Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!
No matter which side you are on, the quota system sucks. Period.
1) Once you start receiving benefits out of being born in a particular country/ race/ sex/ religion, a notion of "entitlement" quickly builds up within you. This adversely affects your ability to perform, for you just don't have to work hard enough!
2) If you are punished for being born in a particular country/ race/ sex/ religion, you have no incentive to perform, as you won't get what you deserve no matter how hard you work!
How about this... during every Olympics, most number of Gold Medals are won by Americans. Now imagine a rule that prevents more than 7% of all Gold Medals going to people born in any one country. How does that sound?
I will myself hate it if athletes from India (who haven't won anything in the Olympics till date) started winning gold medals simply because other countries cannot receive more than 7%!
Of course, removing country caps will face opposition, but it should still happen, just because it is the right thing!
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kbsyed61
06-01 04:45 PM
Here is the official information on SS benefits while living outside USA.
http://www.socialsecurity.gov/pubs/10137.pdf
Per this rule, Indians are eligible for SS benefits while living in India (at the time of claim), if they have lived in US for 10 years or have 40 Social security credits (That is 10 years of SS contribution.).
http://www.socialsecurity.gov/pubs/10137.pdf
Per this rule, Indians are eligible for SS benefits while living in India (at the time of claim), if they have lived in US for 10 years or have 40 Social security credits (That is 10 years of SS contribution.).
more...
eb2_mumbai
09-15 08:21 AM
Dude, we need to take into account the thousands of EB3 I -> EB2 I conversions :(
Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.
Add to that it takes least $7000 to file both labor and 140 in terms of expenses.
Its not as easy as you make it sound. If a person starts today for a new EB2 labor it will take least 1.5 years to get new I 140 approved. This is without any RFE at either stage. Considering today's environment where even simple H1 transfer has become a challenge it takes a really brave person to be playing with fire. Most consulting companies are not enthusiasitc about filing labors and fulltime companies have already said that they are getting too many responses to job advertisement so labor cannot be filed.
Add to that it takes least $7000 to file both labor and 140 in terms of expenses.
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chanduv23
07-04 08:54 AM
We need a funny, innovative, catchy, entertaining cartoon on youtube that will catch everyone's attention. Youtube seems to be the most powerful medium of communication.
This must give a strong message to the agencies who played this dirty game on immigrants
This must give a strong message to the agencies who played this dirty game on immigrants
more...
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Michael chertoff
05-01 04:52 PM
[QUOTE=snathan;338267]Thomas Jefferson, once said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. "
I really believe Jefferson's worst fear is playing out in Sri Lanka.
QUOTE]
This quotation is only for Sri Lanka?? or it can be tru for india too???
MC
I really believe Jefferson's worst fear is playing out in Sri Lanka.
QUOTE]
This quotation is only for Sri Lanka?? or it can be tru for india too???
MC
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Mani
07-29 04:02 PM
Do CP applicants go through Name checks and back ground checking ? If yes, why is it faster ?
more...
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angelfire76
01-14 02:38 PM
What these guys are really trying to achieve is bring back the good old days of high billing rates. I guess they see that the desi consulting company is responsible for driving down the quality as well as rates and salaries. The memo gives examples that would make it ok for large consulting companies like Accenture, Infy, PWC, etc, but not ok to be a *tech or *soft desi consulting company.
Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.
Aren't billing rates the reason why the Indian IT biggies decided to establish business consulting practices? They are offering to bring the same employee that a PWC or Accenture brings in, but at a lower rate to the client.
The quality difference is also not huge (one lisps better in English and another doesn't); there's junk everywhere and these big IT companies also hire people at minimum H-1B wage to improve margins. Lot of times you get what you pay for.
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mbartosik
12-13 11:45 AM
There may or may not be constitution grounds to challenge the law, I've thought about this too, however from a pragmatic point of view....
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
1) The money needed to pay the lawyers would likely be more than for lobbying. Importantly money for legal costs is best to be on hand -- i.e. good cash flow, otherwise you risk missing legal deadlines. It would mean diverting money from lobbying. If we were flush with cash e.g. every member paid just $100 per year this would work.
2) Even among members of congress that are behind us, several have reservations about removing country cap (although they are willing to raise it).
3) EB3 ROW is retrogressed anyway. India EB3 is about May 2001, and ROW EB3 Oct 2002. The effect of only removing country quota would be put EB3 generally at about Oct 2001.
The way to move forward for all is to increase total through put, e.g. raise caps, remove dependents from caps, recapture unused quota, tie caps to multiple of H1B quota. For ROW it would move steadily forward, and India move and then would jump forward every 4th quarter with massive spill over from ROW.
As I said I'm not against the idea in principle, just being pragmatic.
more...
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Aah_GC
07-13 05:00 PM
Okuzmin,
All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.
Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.
With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
All I meant was - TN is again just a visa after all and is just another version of the H1B hell. You ought to do better than just working for some one to pursue your American Dream right? What use it is to keep looking for an employer, extending your visas - is that not just a glorified version of H1B? True freedom is when you could quit an ass of any employer and come back home with your head held high :)
TN is not a modified H1B. With TN you do not have a dual intent: you cannot apply for a green card straight through TN status -- you would have to adjust your status to H1, L1, or any other immigrant status and only then apply for a green card.
TN is given for two years. You must be a Canadian citizen (not just a PR!) to qualify for TN status. Mexican citizens must obtain the actual TN visa, while Canadians don't. There are occupations that do not qualify for TN status.
Your wife can just as easily file for a TN in her occupation. Yes, you need an employer in the USA to get TN status, but I don't see a big problem with it. I work for a relatively small IT company (about 90 employees), and we hire people from anywhere in the USA and Canada. Our recruitment personnel conducts online and phone interviews, and a job offer can be made before the candidate ever visits our state. I'm sure many companies follow the same practice.
With TN you get stamped at the border (Canadian, not Mexican :)) -- and welcome (back) to the USA! If you follow the guidelines, it's very simple to get this status. I'm not sure which country gets your taxes, though. Since I'm quite a few years away from my Canadian citizenship, the information I currently have was sufficient to satisfy my curiosity about TN status. ;)
Another interesting idea about Canada-USA work/immigration popped up today in conversation with my immigration lawyer. If you have a managerial position in a company that has offices in USA and Canada, you can jump on L1 visa. This will let you file in EB-1 category if you want to go for a green card. There are some additional requirements: you need to work as a manager in the company's branch in Canada for at least a year; when you apply for a green card, the company will need to prove that the Canadian office will keep operating after you get your green card and leave Canada. Nevertheless, it's a possibility that is definitely better than EB-3 or EB-2.
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akottai
07-22 02:10 PM
When we moved from MN to NJ, we were so happy to find so many Indians around. In an Indian store I found a fellow native and I introduced myself. We were so happy that we found a good neighbor whom we can befriend. I gave them my number and got their number back. I never got any response from them whenever I called - ever. Later, I found the menace of Amway in these parts of world(among desis). I was so ashamed just by knowing that they mistook us for Amway people.
I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...
At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)
Anyways, I moved to NC - and no more Amways in this part. Not until now!
I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...
At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)
Anyways, I moved to NC - and no more Amways in this part. Not until now!
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lazycis
02-13 12:26 PM
The problem here not every country gets equal or equitable piece of pie. The probelm is Part of the pie gets thrown out and not given to people in the line because too many of them happen to be from one country.
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
How about facts? In 2006, Philippines received 23,733 EB visas, India - 17,169. No other country received more. China received 9,484.
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
vdlrao
09-15 02:42 AM
Year, TOT_LBRS, Certified, LBR_INDIA PD_>_10/1/2001
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
2000 074048 70204 ????? 0
2001 082139 77921 ????? 0
2002 089168 79784 ????? 7873
2003 095299 62912 ????? 25956
2004 098866 43582 ????? 26569
2005 014253 06133 01350 6133
2006 105960 79782 22298 79782
2007 098753 85112 24573 85112
2008 061997 21092 07198 21092
Total 720483 526522 55419 252517
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/23813-perm-labor-data-analysis.html
In 2005 there are a total of 01350 labors certified only for India.
In 2006 there are a total of 22298 labors certified only for India.
The other important thing here to note down is there are many outsourcing companies out there filed/filing GCs for their so called managers in EB1 category.
svr_76
05-12 02:13 PM
I think this forum is the wrong place to discuss any of this. The thread must be deleted.
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