desi3933
03-11 11:12 AM
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
This is what Ron has said (link provided by you)
--------
I am just speculating, but it appears that the CIS has decided to concentrate on EB3 AOS cases and is trying to use up as much of the quota as possible there. At the same time, the State Department is slowly advancing the China/India EB2 cutoff dates to try to use up numbers there.
-------------
Two things -
2. EB3 are being approved so use to use all available quota for EB3
2. How slowly advancing for eb2 means current to you?
http://immigration-information.com/forums/showthread.php?p=28881#post28881
This is what Ron has said (link provided by you)
--------
I am just speculating, but it appears that the CIS has decided to concentrate on EB3 AOS cases and is trying to use up as much of the quota as possible there. At the same time, the State Department is slowly advancing the China/India EB2 cutoff dates to try to use up numbers there.
-------------
Two things -
2. EB3 are being approved so use to use all available quota for EB3
2. How slowly advancing for eb2 means current to you?
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rpatel
07-24 12:08 PM
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.

malaGCPahije
03-17 10:53 AM
Nov 2004. EB3 - I
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monika
07-23 07:33 PM
When we emailed him about our concerns regarding this issue his response was the following:
I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
To tell you the truth I'm still very worried.
I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it.
To tell you the truth I'm still very worried.
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jonty_11
12-13 10:13 AM
Count me and 2 more members with me....lets have a plan..and execute it.

sreedhar
03-16 12:51 PM
My Friend...Applied his Labor on EB-2 in MAR 2005. His labor approved and applied I-140 & I-485 in AUG 2007. His I-140 Got approved. He said his lawyer accidentally filed his I-140 in EB-3. Because his I-140 approved notice Type has the message like "Skilled Worker or Professional, Sec. 203(b) (3) (A) (i) or (ii)". Is this is true....? Thanks for early reply.
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Jaime
09-12 05:19 PM
Talk to us! What is preventing you from attending??? Let's GO! Let's do this!!!!
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singhsa3
03-04 12:16 PM
Those were different times. Try taking mortgage now on your EAD.
Here are my particulars:
Family income: Almost 4-5 times per capital GDP
Job type: Stable
Credit score : Excellent
Highest education: MBA
Willing to put downpayment: Yes, required 20%
Mortgage application: Rejected as EAD is valid for only one year.
Now you tell me what should I do...
I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.
In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.
Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.
So in June 1999 we purchased a 1,950 sqft house for $280,000.
In September 2003 we sold that house for $535,000.
Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.
I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.
I’m not looking to brag, I am sharing my experience.
1 my wife and kids were on H4 they needed a home to be happy in.
2 it made economic sense to buy
3 we got the right funding
4 had we waited for GC we could never have afforded the home we currently live in.
The timing of immigration approvals had no bearing on whether I decided to purchase property.
good luck to all
Here are my particulars:
Family income: Almost 4-5 times per capital GDP
Job type: Stable
Credit score : Excellent
Highest education: MBA
Willing to put downpayment: Yes, required 20%
Mortgage application: Rejected as EAD is valid for only one year.
Now you tell me what should I do...
I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.
In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.
Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.
So in June 1999 we purchased a 1,950 sqft house for $280,000.
In September 2003 we sold that house for $535,000.
Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.
I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.
I’m not looking to brag, I am sharing my experience.
1 my wife and kids were on H4 they needed a home to be happy in.
2 it made economic sense to buy
3 we got the right funding
4 had we waited for GC we could never have afforded the home we currently live in.
The timing of immigration approvals had no bearing on whether I decided to purchase property.
good luck to all
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rockstart
03-12 11:56 AM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
Check your Perm Labor Section F column 2
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
Check your Perm Labor Section F column 2
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calgirl
07-20 02:33 PM
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
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pappu
11-20 01:09 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
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diptam
11-27 11:49 PM
hey - My July's EAD app was my 3rd and I filed up the date and details of just the 2nd EAD.
Mine was a paper App - I filled and then printed the form. They approved it after 76 days.
, mailed it after 87 days and I got got EAD at hand in 91 days.
Didn't provide any details about 1st EAD ... they can easily find it out - if needed :)
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
Mine was a paper App - I filled and then printed the form. They approved it after 76 days.
, mailed it after 87 days and I got got EAD at hand in 91 days.
Didn't provide any details about 1st EAD ... they can easily find it out - if needed :)
I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.
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vdlrao
07-18 11:35 PM
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.
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uma001
07-29 12:42 PM
When they cannot do it, why promise?. Complete the pre-PERM process in 3-6 months and come to decision immediately.Dont drag it for 3-4 years and say 'oh, no we cant file green cards, we found candidates and they will hire H1s again, not american citizens. And they repeat the whole process again.Wasting 3-4 years on GC process is not a small thing. You need to start from scratch again.
If big companies do not have any intention of doing green cards then say it before hiring.
If big companies do not have any intention of doing green cards then say it before hiring.
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dollar500
08-14 09:38 PM
Its due...
although not much excitement anticipated....seeing all 'U' sucks
although not much excitement anticipated....seeing all 'U' sucks
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kumarc123
03-12 02:11 PM
You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.
No one is accusing IV
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.
Thank you
No one is accusing IV
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.
Thank you
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vik123
01-10 12:28 PM
Some people are already doing our job.
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
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sashidhar_gundimeda
07-02 08:14 PM
Confirmation Number: 34850160M9463882Y.
Thanks and keep up the good work - Sashi
Thanks and keep up the good work - Sashi
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hsm2007
09-20 07:37 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
rodnyb
04-11 01:05 AM
I agree wholeheartedly. CIS has the burden for cases. DOS should do sth. too, not just a number game. They should have exact visa approval number published every months. Due to this past pdf error, I have concerns on all their numbers published.. did they give enough numbers to CIS.. are all those reports which show they approved 140K EB real?
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
qasleuth
05-26 05:50 PM
Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
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