
nixstor
10-16 05:30 PM
Don't you think we should be more clear in requesting information per specific country instead of lumping China and India together for EB-2 and others for EB-3? Also will it be too much to request pending applications by month/quarter instead of year?
We probably want the report in this format? This is just a suggestion.
This is what is in the letter.
>>>> I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether) <<<<
I clearly mentioned each of the following country and category. To make sure, I also mentioned that we do not need combined total of pending AOS applications. If the request is ambiguous or means different things to different people,please let us know and we can make needed modifications asap. Are you recommending to hand out a blank tabular format .to USCIS FOIA?
As far as the year vs quarter thing is concerned, we felt that its best to get some thing out of this rather than tossed around. Most of the data from 2005/post perm can be found on the flcdatacenter and we can sort these ourselves. This leaves with pre perm applications and I believe DOS will have a better handle in moving the PD's a lot better in the last Q, if they have a handle on the number of applications by year. I agree that if info available on a monthly/quarterly basis, it would be even better. But I feel that we will get tossed around
We probably want the report in this format? This is just a suggestion.
This is what is in the letter.
>>>> I request you to provide me with the number of pending employment based AOS applications, (excluding approved/denied) sorted by priority date from 2001 on a yearly basis broken down for each of the following country and category. (Not the combined total of pending EB AOS applications altogether) <<<<
I clearly mentioned each of the following country and category. To make sure, I also mentioned that we do not need combined total of pending AOS applications. If the request is ambiguous or means different things to different people,please let us know and we can make needed modifications asap. Are you recommending to hand out a blank tabular format .to USCIS FOIA?
As far as the year vs quarter thing is concerned, we felt that its best to get some thing out of this rather than tossed around. Most of the data from 2005/post perm can be found on the flcdatacenter and we can sort these ourselves. This leaves with pre perm applications and I believe DOS will have a better handle in moving the PD's a lot better in the last Q, if they have a handle on the number of applications by year. I agree that if info available on a monthly/quarterly basis, it would be even better. But I feel that we will get tossed around
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rayoflight
05-26 11:54 PM
Here is the link on CNN on the new rules being implemented..
http://www.cnn.com/2009/TRAVEL/05/26/canada.passport.requirement/index.html
http://www.cnn.com/2009/TRAVEL/05/26/canada.passport.requirement/index.html

desperatedesi
07-23 08:18 PM
Hi,
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
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logiclife
01-30 01:07 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
more...

trexx7
04-24 09:44 AM
Congrats Googler!
I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.
EB2, NSC PD 10/02
I-485 RD - 02/2007
Approval Notice - April 23'08
I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.
EB2, NSC PD 10/02
I-485 RD - 02/2007
Approval Notice - April 23'08

webm
03-17 04:56 PM
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
well said dude!!!
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
well said dude!!!
more...

polapragada
02-14 01:43 PM
For those who is not seeing this is happenning,
Just look at what is happening around you...
Just look at what is happening around you...
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imneedy
05-07 06:31 PM
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
coopheal,
I think it is a good idea, just contributed, thanks!
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
coopheal,
I think it is a good idea, just contributed, thanks!
more...

Legal
07-13 04:49 PM
If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.
They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.
They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.
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jcmenon
07-24 04:19 PM
Guies,
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
more...

waitingmygc
04-09 06:00 PM
In this visa bulletin there is reasonable movement in family category. So, its not fair to conclude USCIS is not working.
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mallu
02-17 01:03 AM
.... African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.
...
A better example would have been the civil rights movement by Dr. King .
...
A better example would have been the civil rights movement by Dr. King .
more...
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piyu7444
01-30 04:15 PM
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
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BharatPremi
09-26 07:23 PM
[QUOTE=BharatPremi;173398]Hermione,
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]
Yeah, and everyone is out there to get you.
Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.
I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.
How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.[QUOTE]
Yeah, and everyone is out there to get you.
Honestly, I think it is a waste of time to try to educate Americans what is what in immigration system. We need to push for our issues by proving why it is a good thing for the country, and not get caught up in this vs that. OK, so you convince the editor that the rally was not about H1Bs. All he will do is wack the sentence about the rally out of the article, because now it does not refer to the topic of the article, which is about H1 visas. Would that be an achievement? Hardly.
I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.
more...
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dummgelauft
05-29 10:25 AM
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.
Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
If you are using EAD, even better, carry the darned EAD card in your pocket...
I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.
The Mexican border needs to be handed over to the US army or the National Guard.
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.
Exactly my thoughts too. How difficult is it to have a copy of your visa, passport and I-94 in each of your vehicles..!!
If you are using EAD, even better, carry the darned EAD card in your pocket...
I agree, they need to step this effort up and get these bloody illegals out. For years now, they have held the entire immigration system in a limbo.
I am from a border state in India too. The entire border is fenced with 15 feet high razor wire fence and there are BSF personnel who watch it like a hawk. If anyone tries touching that fence, much less sneak in, they will shoot him between your eyes.
The Mexican border needs to be handed over to the US army or the National Guard.
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gceverywhere
09-19 12:01 PM
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
Can you please get that registered as well?
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
more...
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va_labor2002
07-25 07:08 AM
JCMenon,
I totally agree with your attitude and thinking. There is nothing wrong to request this issue to USCIS. It won't hurt us ! They will realize the magnitude of the issue and may do something to convinse the lawmakers.
We should definietly try this,even if the outcome may be failure !
Good Luck.
We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
I totally agree with your attitude and thinking. There is nothing wrong to request this issue to USCIS. It won't hurt us ! They will realize the magnitude of the issue and may do something to convinse the lawmakers.
We should definietly try this,even if the outcome may be failure !
Good Luck.
We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
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gimme_GC2006
05-15 10:00 AM
If we have all resources required to do MBA fulltime from a reputed school then there is no dilemea, one should opt for it. When resources are limited (need to work fulltime, has family with small kids, limited $$$ etc) then online is a better choice compared with part time. Students working for an Online MBA do develop good network and such degrees are being more and more accepted. Online course needs more descipline and dedication than the regular courses. The interaction between students and professor is more in a online course than in a part time course. You spend more time in research than in travel. Flexibility is another advantage.
My client CIO did MBA from University of Pheonix in 2006 and he was hired as CIO in 2008. I am talking of a company with more than 5000 IT staff. So its my opinion that Online MBA is valued by the industry.
http://rankings.ft.com/exportranking/online-mba-2009/pdf
I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.
My client CIO did MBA from University of Pheonix in 2006 and he was hired as CIO in 2008. I am talking of a company with more than 5000 IT staff. So its my opinion that Online MBA is valued by the industry.
http://rankings.ft.com/exportranking/online-mba-2009/pdf
I totally agree with first para..but your client CIO getting promotion out of a Phoenix university degree surprises me..many people discouraged me from going there as they dont require GMAT to start with.
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mps
05-15 05:34 PM
Here is a list of F50 CEO and which college they went to,
http://www.time.com/time/nation/article/0,8599,1227055,00.html
I see very few going to top 10 colleges.
I'm doing my online MBA from Devry (Keller Graduate School of Management) and my spouse is doing it from UOP - at both the colleges professors are excellent, course material is good. Devry is more intense with midterm and final exams.
http://www.time.com/time/nation/article/0,8599,1227055,00.html
I see very few going to top 10 colleges.
I'm doing my online MBA from Devry (Keller Graduate School of Management) and my spouse is doing it from UOP - at both the colleges professors are excellent, course material is good. Devry is more intense with midterm and final exams.
DarkChild
02-16 03:25 AM
@ thirdworldman: WOW!
neoneo
09-26 10:47 PM
senthil1 makes more sense then this!
I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.
I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.