desi485
11-26 01:19 PM
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
*************************
Hmmm....I am still wondering...
1> How much money an applicant will spend on MTR? on self, on dependents?
2> How much money an applicant will bleed to move to US District Court?
3> If an applicant is working on EAD during all this farce, would he be able to continue working (atleast seeing paycheck) or will seat at home and bleed more?
4> if he looses EAD job, will CIS again punish him for not having a job?
5> Even after doing all these above, what if he accumulates 180 days of unlawful(?) presence? will he be deported for following the laws?
6> Last question: Are those undocumented workers are better positioned to get legal citizenship in long run than those legal skilled immigrants from retrogressed countries?
(sorry for my language, but I can't understand the logic behind such a serious painful punishment to an innocent lawful AC-21 user without any fault of his own? is there justice? what do I not understand here? I am sure I am missing something. Please guide!!!)
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royu
08-23 02:38 PM
I think you need labor, please talk to your company attorney.
la6470
02-25 12:28 AM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
Dont worry - another 50 to 60 years and then it will be dust to dust and ashes to ashes. BTW did you visit Grand Canyon or Death Valley?
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Saralayar
08-11 03:09 PM
Can someone start a new thread with poll for the July 17th - Aug 17th filers?. I am not able to start a new thread.
more...
jungalee43
04-29 06:50 PM
Senator Scott Brown (R-Massachusetts) - left voice mail
Senator Judd Gregg (R-New Hampshire) - left voice mail
Senator Richard Lugar (R-Indiana) -left voice mail
Senator Michael Enzi (R-Wyoming) - left voice mail
Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.
Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.
Senator Orin Hatch (R-Utah) - engage. Nothing happened.
Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.
Senator John Kyl (R-Texas) - left voice mail
Senator Mitch Mcconnell (R-Kentuky) - engage
Senator Amy Klobuchar (D-Minnesota) - Voice mail
Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!
Senator Jon Tester (D-Montana) - left voice mail
Senator Jim Webb (D-Virginia) - left voice mail
Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.
In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.
Senator Judd Gregg (R-New Hampshire) - left voice mail
Senator Richard Lugar (R-Indiana) -left voice mail
Senator Michael Enzi (R-Wyoming) - left voice mail
Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.
Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.
Senator Orin Hatch (R-Utah) - engage. Nothing happened.
Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.
Senator John Kyl (R-Texas) - left voice mail
Senator Mitch Mcconnell (R-Kentuky) - engage
Senator Amy Klobuchar (D-Minnesota) - Voice mail
Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!
Senator Jon Tester (D-Montana) - left voice mail
Senator Jim Webb (D-Virginia) - left voice mail
Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.
In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.
diptam
08-05 11:04 AM
lonedesi,
I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.
Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.
Thanks!
Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.
I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.
Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.
Thanks!
Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.
more...
ksach
02-12 02:56 AM
it means freedom and a respect for my education, my skills and my hard work.
read my story below.
-------------------------------------------------------
America, the land of opportunity and freedom.
These days when I hear America being any of the above, I usually
sneer. 6 long years have thought me not to accept everything I hear.
Back home, I had respect. I had a good education and a great job. I
got an education from the best schools and the best colleges. I worked
for a big multi-national with a big fat salary and lots of
opportunities to travel to countries on work. I was a success. But I
wanted to be more. I wanted to be global. I wanted to work in a
different country for sometime. I loved seeing different cultures,
seeing different places; I wanted to see the world. Thats when the
offer for a job in the US came. I took it up because I could see the
US of A, the land of the free, the land of opportunity, the land of
the Cisco's and Microsofts and more importantly, the land of dreams. I
thought a couple of years working away from home would do me no harm.
Boy, was I wrong!!!!
The first few years in my new country of residence were difficult. I
worked for a startup with its crazy hours and insane schedules. Far
from seeing new places, I was busy at work. But I did not complain. I
liked the work and the company's passion to create something new. No
longer was I working on the junk companies outsource to third world
companies. I was working on the actual product, creating something
that was not done before, something I could be proud off. I was busy
at work, but it was not difficult to notice something, the Americans
worked hard, the people with green card worked harder, but the people
on H1-B worked hardest. I guess, the people on H1B had the most to
lose. But I did not give a hoot. I had a product to deliver. I never
had the time to think about my green card. I still wanted to go back
to my country, maybe not right now, but I wanted to. Right now, my
work was my priority and I would concentrate on that.
Slowly the years went by, and unknowningly I started seeing the
American Dream. I got a new car and expensive clothes, I started going
out with my friends, visited new places, and more importantly I
stopped feeling homesick. The apartment I shared with my friends was
my new home. So when my company asked me if they could do my green
card, I readily agreed.
I should have seen the signs. There were many of them; but I chose to
ignore. I should have know that people are exploited when I heard a
top executive at my company say once that he expects everyone to work
long hours and weekends because we had no options. The job market
outside was bad and none of us could find jobs. I should have known
that my cultural background mattered when the girl at the Albertson's
counter did not even look up to me, but was very friendly with all the
Americans ahead of me, or when an office colleauge introduced his girl
friend to all americans but ignored the Indians. I chose to ignore all
this, because I thought it does not affect me. As long as I did my
work or followed the rule of the land, nothing else mattered. I was
wrong again.
Two things changed in 2005. My company went down and I got married. I
was on H1B and had to find a job soon. I was already at the end of my
H1B tenure so not many companies were interested. That is when I
realized the disadvantage of being on an H1B. It did not matter that
my resume was impressive. My H1B status was more important than my
skill set. It it did not matter that I had already spent a lot years
in this country and my green card had been filed. It was hard finding
a job that would sponsor my H1B and my green card again. I did manage
to find one. But I was not lucky on my home front. My wife could not
work because she was on a dependent visa. She had given up a career in
India to be with me, but reality hit soon when she started getting
bored. She kept herself busy with books, TV and cooking. And life went
on, hoping that we would get our green card soon and we would be free
again. Free to find a job of my liking for me, and free to do any job
for my wife.
Its Feb 2007 now and there's still no sign of the green card. I
stopped hoping for one. I dont care for one. All I care for now is my
wife to be able to work in something she likes within any legal
boundaries.
Its been a long time since I legally came to this country. I was young
and succesful then. And now as I cross another anniversary of my
landing in the US, I reflect upon what I have gained. I have gained a
big bank balance, a good car, a good lifestyle. What have I lost -
plenty. I have lost my career, my freedom, my health, my marriage and
my family. I have been stuck in the same job for many many years while
all my friends have climbed up the corporate ladder back home in
India. Its not easy working on an H1B. My marriage has suffered
because my wife is unhappy that she cannot work, she's close to a
breakdown, my health has suffered because of all the thinking, and my
parents have sufferred because I have not been able to take care of
them. I never have cried so much at my helplessness as I have cried in
the last one year.
One thing I have realized about the US is that it is no different than
any country. Like any other country, the exploitable are always
exploited. (The big companies are not willing to fight for the welfare
of their employees. They fight to get more people into the country to
exploit.) Like any other country, the only thing that gets politicians
excited is money and votes. (Why do we need so money to lobby the
politicians? Isn't freedom and justice reasons good enough?) Like any
other country, it discriminates between the have and the have nots. It
is a country that has no respect for people. (Ask anyone who goes for
a visa stamping in the US embassy in India. I have seen old people and
ladies with small kids spend hours in the hot Chennai Sun to enter the
embassy for an appointment, just to be spoken rudely by the Visa
office. There was not even a shelter outside to block the sun. I have
never seen people turn into US haters so soon). It is a country that
wants our brains, but is not willing to show a heart.
Some people may argue that I have the freedom to quit my job and go
back to my country. But that is not freedom enough. I want the freedom
to choose when I want to go back. Its not easy to pack 8 years of your
life in a jiffy. Its not easy to pack 8 years of your life into 2
suitcases. Neither is it easy to restart your life in a different
place, even if its your own. It reminds me of an Indian saying -
"dhobi ka kutta - na ghar ka, na ghat ka". It means, a washerman's dog
belongs neither to the house nor the river banks. Thats me in a
nutshell, a "dhobi ka kutta."; a washerman's dog!!!
ps: I love this country as much as I love my own. But I wish this country loved me back as well.
read my story below.
-------------------------------------------------------
America, the land of opportunity and freedom.
These days when I hear America being any of the above, I usually
sneer. 6 long years have thought me not to accept everything I hear.
Back home, I had respect. I had a good education and a great job. I
got an education from the best schools and the best colleges. I worked
for a big multi-national with a big fat salary and lots of
opportunities to travel to countries on work. I was a success. But I
wanted to be more. I wanted to be global. I wanted to work in a
different country for sometime. I loved seeing different cultures,
seeing different places; I wanted to see the world. Thats when the
offer for a job in the US came. I took it up because I could see the
US of A, the land of the free, the land of opportunity, the land of
the Cisco's and Microsofts and more importantly, the land of dreams. I
thought a couple of years working away from home would do me no harm.
Boy, was I wrong!!!!
The first few years in my new country of residence were difficult. I
worked for a startup with its crazy hours and insane schedules. Far
from seeing new places, I was busy at work. But I did not complain. I
liked the work and the company's passion to create something new. No
longer was I working on the junk companies outsource to third world
companies. I was working on the actual product, creating something
that was not done before, something I could be proud off. I was busy
at work, but it was not difficult to notice something, the Americans
worked hard, the people with green card worked harder, but the people
on H1-B worked hardest. I guess, the people on H1B had the most to
lose. But I did not give a hoot. I had a product to deliver. I never
had the time to think about my green card. I still wanted to go back
to my country, maybe not right now, but I wanted to. Right now, my
work was my priority and I would concentrate on that.
Slowly the years went by, and unknowningly I started seeing the
American Dream. I got a new car and expensive clothes, I started going
out with my friends, visited new places, and more importantly I
stopped feeling homesick. The apartment I shared with my friends was
my new home. So when my company asked me if they could do my green
card, I readily agreed.
I should have seen the signs. There were many of them; but I chose to
ignore. I should have know that people are exploited when I heard a
top executive at my company say once that he expects everyone to work
long hours and weekends because we had no options. The job market
outside was bad and none of us could find jobs. I should have known
that my cultural background mattered when the girl at the Albertson's
counter did not even look up to me, but was very friendly with all the
Americans ahead of me, or when an office colleauge introduced his girl
friend to all americans but ignored the Indians. I chose to ignore all
this, because I thought it does not affect me. As long as I did my
work or followed the rule of the land, nothing else mattered. I was
wrong again.
Two things changed in 2005. My company went down and I got married. I
was on H1B and had to find a job soon. I was already at the end of my
H1B tenure so not many companies were interested. That is when I
realized the disadvantage of being on an H1B. It did not matter that
my resume was impressive. My H1B status was more important than my
skill set. It it did not matter that I had already spent a lot years
in this country and my green card had been filed. It was hard finding
a job that would sponsor my H1B and my green card again. I did manage
to find one. But I was not lucky on my home front. My wife could not
work because she was on a dependent visa. She had given up a career in
India to be with me, but reality hit soon when she started getting
bored. She kept herself busy with books, TV and cooking. And life went
on, hoping that we would get our green card soon and we would be free
again. Free to find a job of my liking for me, and free to do any job
for my wife.
Its Feb 2007 now and there's still no sign of the green card. I
stopped hoping for one. I dont care for one. All I care for now is my
wife to be able to work in something she likes within any legal
boundaries.
Its been a long time since I legally came to this country. I was young
and succesful then. And now as I cross another anniversary of my
landing in the US, I reflect upon what I have gained. I have gained a
big bank balance, a good car, a good lifestyle. What have I lost -
plenty. I have lost my career, my freedom, my health, my marriage and
my family. I have been stuck in the same job for many many years while
all my friends have climbed up the corporate ladder back home in
India. Its not easy working on an H1B. My marriage has suffered
because my wife is unhappy that she cannot work, she's close to a
breakdown, my health has suffered because of all the thinking, and my
parents have sufferred because I have not been able to take care of
them. I never have cried so much at my helplessness as I have cried in
the last one year.
One thing I have realized about the US is that it is no different than
any country. Like any other country, the exploitable are always
exploited. (The big companies are not willing to fight for the welfare
of their employees. They fight to get more people into the country to
exploit.) Like any other country, the only thing that gets politicians
excited is money and votes. (Why do we need so money to lobby the
politicians? Isn't freedom and justice reasons good enough?) Like any
other country, it discriminates between the have and the have nots. It
is a country that has no respect for people. (Ask anyone who goes for
a visa stamping in the US embassy in India. I have seen old people and
ladies with small kids spend hours in the hot Chennai Sun to enter the
embassy for an appointment, just to be spoken rudely by the Visa
office. There was not even a shelter outside to block the sun. I have
never seen people turn into US haters so soon). It is a country that
wants our brains, but is not willing to show a heart.
Some people may argue that I have the freedom to quit my job and go
back to my country. But that is not freedom enough. I want the freedom
to choose when I want to go back. Its not easy to pack 8 years of your
life in a jiffy. Its not easy to pack 8 years of your life into 2
suitcases. Neither is it easy to restart your life in a different
place, even if its your own. It reminds me of an Indian saying -
"dhobi ka kutta - na ghar ka, na ghat ka". It means, a washerman's dog
belongs neither to the house nor the river banks. Thats me in a
nutshell, a "dhobi ka kutta."; a washerman's dog!!!
ps: I love this country as much as I love my own. But I wish this country loved me back as well.
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pkjena
07-06 02:00 PM
Here are some of the stats from Mathew Oh's website:
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend in a period of less than one month. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of applications on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiates any discovery, the truth starts coming out of the cabinet a bit by bit.
I have a question:
Total VISA available for the year = 140,000
USICS approved till May 31 = 66,426
USICS approved Jun 1- Jun 29 = 40,000
USICS approved Jun 30 - July 1 = 25,000
So VISAs still available 140,000 - 66,426 - 40,000 - 25,000 = 8574
So why are they Unavailable on 2nd Jjuly 2007?
According to the State Department, from October 1, 2006 through May 30, 2007, the USCIS requested and was authorized the total EB visa numbers of 66,426. Between June 1 and the first few days of July (?), the USCIS requested and was authorized over 60,000 EB visa numbers, in approximately one month. Since it has been made clear by the USCIS that during the last weekend of June 30 and July 1 (2 days) the USCIS approved 25,000 EB 485 applications, apparently over 40,000 visa numbers were requested and authorized before the weekend in a period of less than one month. Obviously the 60,000 plus cases must thus have been approved (?) in one month. Unconformed sources indicate that they processed and approved (?) a substantial number of applications on Sunday, July 1, exhausting the EB numbers by July 1 and making the EB number unavailable not from July 1 but from July 2, 2007. It is interesting that even before the legal team initiates any discovery, the truth starts coming out of the cabinet a bit by bit.
I have a question:
Total VISA available for the year = 140,000
USICS approved till May 31 = 66,426
USICS approved Jun 1- Jun 29 = 40,000
USICS approved Jun 30 - July 1 = 25,000
So VISAs still available 140,000 - 66,426 - 40,000 - 25,000 = 8574
So why are they Unavailable on 2nd Jjuly 2007?
more...
Jimi_Hendrix
08-10 06:01 PM
When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?
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knnmbd
04-25 08:38 PM
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
I love the clause # 3 "This should be applicable only for H1 and not for any other visa categories".
You probably are not aware but "big Indian consulting" firms are not the largest contributors to the U.S economy that this stand will fly. IT is being outsourced faster than a New York minute, so please don't live in a state of ignorance. When you say "This should be applicable only for H1 and not for any other visa categories", this will exclude PhD�s and post-docs and engineers who spend any where from 2 to 6 years on F1 visas before they even get to work on H1 visas. You probably are not aware but 40% of doctorate degrees are awarded to foreign nationals in the U.S and your proposed amendments would put "employees of big consulting firms" from India ahead all those folks I mentioned earlier. For some reason this is a very difficult concept to digest.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
I love the clause # 3 "This should be applicable only for H1 and not for any other visa categories".
You probably are not aware but "big Indian consulting" firms are not the largest contributors to the U.S economy that this stand will fly. IT is being outsourced faster than a New York minute, so please don't live in a state of ignorance. When you say "This should be applicable only for H1 and not for any other visa categories", this will exclude PhD�s and post-docs and engineers who spend any where from 2 to 6 years on F1 visas before they even get to work on H1 visas. You probably are not aware but 40% of doctorate degrees are awarded to foreign nationals in the U.S and your proposed amendments would put "employees of big consulting firms" from India ahead all those folks I mentioned earlier. For some reason this is a very difficult concept to digest.
more...
skv
06-18 01:13 PM
goes to automated voicemail:mad: :mad: :mad: :mad: :mad:
B'cox, they are receiving lots of call recently due to PD movement. :-)
Hope they will respond, if you had left a voice mail.
B'cox, they are receiving lots of call recently due to PD movement. :-)
Hope they will respond, if you had left a voice mail.
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h1techSlave
05-01 02:35 PM
Cool
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
The gray dots come when you get either approval/disapproval from somebody who has:
less than 30 posts.
overall negative reputationgray dots have no affect on your reputation. This is to prevent new or disreputes from irresponsibly affecting others' reputations.
more...
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neoklaus
01-29 06:56 PM
Applied for AP - Aug.16 with NSC
The funny thing is,that as with EAD card,in a day after I subscribed for e-mail update with USCIS they send me e-mail that my AP and family members have been mailed.
LUD on AP Jan 23. AP on hand Jan.28.
The funny thing is,that as with EAD card,in a day after I subscribed for e-mail update with USCIS they send me e-mail that my AP and family members have been mailed.
LUD on AP Jan 23. AP on hand Jan.28.
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amitjoey
05-13 09:45 AM
2 more days. Please call. those who have not please help.
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ny-nonrir
05-10 04:58 PM
Hi msp1976
Why do you say 2001 folks would get NOF? Im a 2001 Aug but non-rir. Got my 45 DL in Dec 05 but nothing after that. My case was a SWA xfr. Does your analysis only apply to RIR?
ny-nonrir
I have analyzed the tracker from Rajiv Khanna's site. Here are some inputs.
Cases transferred from federal offices :
There is no set trend in processing of these cases. There are a substantial number of approvals.
Cases transferred from SWA offices :
There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
The folks left over from 2001 may receive NOF or some query. I am not sure.
If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...
Why do you say 2001 folks would get NOF? Im a 2001 Aug but non-rir. Got my 45 DL in Dec 05 but nothing after that. My case was a SWA xfr. Does your analysis only apply to RIR?
ny-nonrir
I have analyzed the tracker from Rajiv Khanna's site. Here are some inputs.
Cases transferred from federal offices :
There is no set trend in processing of these cases. There are a substantial number of approvals.
Cases transferred from SWA offices :
There is clear trend here. The last 3/4 months PBEC has sent out approvals from mid 2002. There are a number of PD June 2002 approvals and some PD July, august, september '02. There is an effort to push mid 2002 cases in PBEC.
The folks left over from 2001 may receive NOF or some query. I am not sure.
If you are a SWA cases from 2001 you should be talking to someone...your lawyer...employer...
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Jaime
09-13 09:54 AM
bump
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wandmaker
05-23 10:05 AM
Actually I paid $100 and not $50. It was two $50 on the same day.
Thanks for notifying snathan!
Bump!!!!
Thanks for notifying snathan!
Bump!!!!
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h1techSlave
07-06 10:53 AM
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
In 1040, we have a checkbox to contribute $3 towards presidential election contribution. If I check that box while in H1B, is that illegal?
Cheers,
h1techSlave
In 1040, we have a checkbox to contribute $3 towards presidential election contribution. If I check that box while in H1B, is that illegal?
Cheers,
h1techSlave
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ragz4u
03-08 01:57 PM
illegal immigrants and fencing around the AZ area
gctoget
07-31 10:27 AM
There will be a conference call for SoCal IV members on August 7th,2007 at 8:00 P.M.
Please join SoCal IV yahoogroup for more info.
Send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
Please join SoCal IV yahoogroup for more info.
Send blank e-mail to
SC_Immigration_Voice-subscribe@yahoogroups.com
trueguy
08-14 11:40 AM
Mr. Ron Gotcher believes that it means "Mexico F2A and [Mexico] employment third preference cut off dates.� Had they meant Worldwide, they would have said so explicitly".
Relax guys.:)
Mexico EB3 has been Unavailable since last 2 months so why USCIS will make a special comment about that country.
I am sure DOS is referring to entire EB3 Category in their Sep'08 Visa Bulletin. No hopes for EB3-I if PD goes back to Apr'2001 again.
Relax guys.:)
Mexico EB3 has been Unavailable since last 2 months so why USCIS will make a special comment about that country.
I am sure DOS is referring to entire EB3 Category in their Sep'08 Visa Bulletin. No hopes for EB3-I if PD goes back to Apr'2001 again.
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