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pappu

06-20 04:07 PM

some tips from Susan Henner:

Although the principal employment-based categories are current for
July,
future retrogression is indeed possible later this fiscal year,
particularly
if demand for immigrant visas increases substantially. Visa numbers
can
retrogress in the middle of a month and become unavailable without any
prior
notice. If there is a mid-month retrogression, USCIS could elect to
stop
accepting adjustment applications. While this is unlikely to occur in
July
2007, it becomes more and more possible as the fiscal year progresses.


It seems that cases not completed before any future retrogression will
be
held in abeyance until priority dates again become current. Having an
adjustment on file, even if the case is in abeyance, allows for
eligibility
of work authorization and advance parole, and may be particularly
critical
in circumstances where there are children who may reach the age of 21
during
the process.

An applicant for adjustment of status MUST be in the United States in
order
to be eligible to file. Overseas spouses of adjustment applicants
should
be encouraged to enter or reenter the United States as soon as possible
in
order to be included in the principal's adjustment application.


H-1B and L-1 nonimmigrants may maintain H or L status while their
adjustment
of status applications remain pending.

Whenever possible an adjustment application should be filed
concurrently
with an I-140. This is permitted as long as the visa priority date is
current. Even if priority dates retrogress after filing, the I-485
will be
placed in abeyance and remain pending, although it cannot be approved
until
the priority date is current again. Yet extensions of work
authorization
and advance parole may be obtained during this period.

It may be advisable to file I-140s by premium processing if available
for
the employment-based immigrant category. This may hasten the issuance
of an
approval and may also increase the possibility that an adjustment
application could be approved and an immigrant visa number captured
prior to
the end of the current fiscal year or before any future visa
retrogression.

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veni001

04-05 04:15 PM

The way i read that statement is that DOS is being cautious and don't want to move the dates way ahead at one go, dates will move by some degree in May and then bulletin will have projected dates for future months, this way if DOS sees demand from porting in Sept, it may not move EB2 dates at all...My 2C.

If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.

20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)

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mbawa2574

08-07 08:06 AM

Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.

I am EB2 India with Dec 2005 waiting. I think all EB applications should have fair short. So if a EB3 can become a EB2 legally, I think it is a fantastic thing.

I did not know about this rule. I changed employer in Jan 2005. My last employer's lawyer ill advised them to file me under EB3 in spite of the fact that the job paying off close to 200 k in compensation required B +8 and M+4 years of experience. I changed the job in Sep 05. Next company did the right thing and started the labor in EB2. I did not know about porting/interfiling otherwise my PD would have been Jan 2005. So even if I would have done a Port/Interfile, how am I at fault ?

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gc_on_demand

09-16 11:36 AM

WOW that is good.. by nov they will clear all backlog ..( Pending more than 1 year ).. from June 2009 name check will be cleared in 3 days..

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WillIBLucky

06-15 01:58 PM

I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.

I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
You dont need all I-94's. They only need the last I-94. But, you will need to give copies of all the H1B visa petition. For instance, if you changed your employer then you will have new petition or even when you extend your visa.

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abqguy

09-09 04:13 PM

Called the below Reps. I learnt that Rep. Anthony D Weiner and Rep. Hank Johnson are supporting this bill.

Tammy Baldwin (D-Wis.) 202- 225-2906
Howard L. Berman (D-Calif.) 202-225-4695
Rick Boucher (D-Va.) 202-225-3861
Chris Cannon (R-Utah)202- 225-7751
Steve Chabot (R-Ohio) 202-225-2216
Howard Coble (R-N.C.) 202-225-3065
Steve Cohen (D-Tenn.)202- 225-3265
John Conyers (D-Mich.), Chairman 202-225-5126
William D. Delahunt (D-Mass.)202- 225-3111
Keith Ellison (D-Minn.) 202-225-4755
Tom Feeney (R-Fla.) 202-225-2706
J. Randy Forbes (R-Va.)202- 225-6365
Trent Franks (R-Ariz.)202- 225-4576
Elton Gallegly (R-Calif.)202- 225-5811
Louie Gohmert (R-Texas) 202-225-3035
Bob Goodlatte (R-Va.)202- 225-5431
Luis Gutierrez (D-Ill.)202- 225-8203
Darrell Issa (R-Calif.)202- 225-3906
Sheila Jackson-Lee (D-Texas)202- 225-3816
Hank Johnson (D-Ga.) 202-225-1605
Jim Jordan (R-Ohio) 202-225-2676
Ric Keller (R-Fla.)202- 225-2176
Steve King (R-Iowa)202- 225-4426
Dan Lungren (R-Calif.)202- 225-5716
Mike Pence (R-Ind.) 202-225-3021
Adam B. Schiff (D-Calif.)202- 225-4176
Robert C. Scott (D-Va.) 202-225-4176
Brad Sherman (D-Calif.) 202-225-5911
Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236
Betty Sutton (D-Ohio) 202-225-3401
Debbie Wasserman Schultz (D-Fla.) 202-225-7931
Maxine Waters (D-Calif.) 202-225-2201
Anthony D. Weiner (D-N.Y.) 202-225-6616
Robert Wexler (D-Fla.) 202-225-3001

Co-sponsors : (did not call)
Zoe Lofgren (D-Calif.)202- 225-3072
Artur Davis (D-Ala.) 202-225-2665
Jerrold Nadler (D-N.Y.) 202-225-5635
Linda Sanchez (D-Calif.) 202-225-6676
Jim Sensenbrenner (R-Wis.) 202-225-5101
Melvin L. Watt (D-N.C.)202- 225-1510

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gc28262

10-05 02:00 PM

When I call through vonage phone, the wireless internet connection to other computers is getting lost. Is this the problem others have too?

Is it having another router in between your vonage phone and cable /DSL connection solve the problem?

Any thoughts? Has anyone inquired this with vonage folks?

Vonage won't affect any wireless connections.
Do you use a cordless phone ?
The wireless transmission from your cordless phone maybe affecting the transmissions from your wireless router.

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asanghi

05-16 04:22 PM

I talked to my immigration about this today. My wife is on h4 and her h1-b is not selected in this year lottery process. I wanted her to go a school which issues CPT in less than one year so that she can start work. But my lawyer strongly recommended not to change her status from H4 to F1. My PD is 24 March 2005 EB2. Lawyer told me that it might cause a problem for my wife to get the GC on her I-485 application. Lawyer said some of her clients got through without a problem and some of her clients have problem regarding status change from h4 to f1. Fianlly i decided not to take that risk. I'm still waiting to file I-485.

My lawyer also strongly advised me against converting her H4 to F1. However since there was no visibility so I asked him what to do to get my wife working status. It was then he advised me that if she wants to start working badly then go ahead and apply for F1 but don't travel out of country while on F1.

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gc28262

09-24 05:24 PM

My lawyer advised me as I mentioned before. If your case is simliar to me and if you might have hired the same lawyer he would have advised you the same as what he advised me :). The key is the "wait period" and letter from employer " To show readiness to promote based on skill progression for 2-3 years". Technically "real promotion" should occur on the day of interfiling or immediately after that not before the interfiling.

How can the current position (EB3) relevant when the new employer is filing your GC for a future job (Eb2) ?
Does the employee need to get promoted in the current job to apply for a future EB2 job ?

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garamchai2go

01-09 09:47 AM

Thanks IV. I think this is much easier for hundreds of people to participate as its easy, doesent take up too much time etc. and brings about our points across as compared to DC rally (please dont get me wrong here it was great but difficult for lot of people to attend because of various reasons). So I think we should spread out word about this as much as possible. Again, please dont get me wrong. Thank you.

I agree. Could we post ads on some frequently visited websites like Sulekha/Samachar/TOI and draw them into IV website and make them aware and participate? Even if 1% join it will be a significantly good number. We can also think of making an online petetion to gather signatures from immigrant community; we can use email media effectively to spread the new about online petetion to reach the immigration community. I am sure there will be lot of response for online petetion.

Fyi..I am going to try to meet my anti-immigrant Iowa Senator , Chuck Grassley, this week.

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doc_desi

02-11 12:02 AM

Hi Shweta:

First, don't panic :) I doubt there's anything we can do about it at this stage. I'm in exactly the same situation (interview at the Delhi consulate on the 22nd, response - administrative processing, and the consular officer had told me that I'd get it in a week).

According to my lawyer, our cases have been sent to Washington for security clearence. And based on the feedback she has been getting, it is taking about a month. The embassy cannot issue our visas till they hear back from Washington.

So I realize that it totally _SUX_ but there's nothing we can do about it. So just chill and wait..

s

bepositive,

in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!

NOT SURE WHY ?? this delay is ??

i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?

-shahuja

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Tags: Kristen Stewart

Macaca

07-13 09:41 PM

In War on the Middle Class (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923) Lou Dobbs says H1B workers don't pay taxes.


However, H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare9 (Publication 519 (2006) (http://www.irs.gov/publications/p519/index.html), U.S. Tax Guide for Aliens). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident. However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency.

In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others).


Indian techie slams CNN Lou Dobbs! (http://www.indiadaily.com/editorial/10-28a-04.asp) By N. Sivakumar, October 28, 2004


In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.

"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"

The author writes.

"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.

The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.

The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.

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mihird

06-29 08:45 PM

I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no carreer life", "no nothing life".

Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwords (heard its nice).

If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...

To quote it in a much broader sense, America is not the end of the world - period! Just take it easy and enjoy life...don't freak out if the visa bulletin updates and you don't get to file your 485...we are all in this country by our free will..if we feel the rules of the land are not fair to us..each one of us is free to leave....

On another front, if this actually does happen, I will be the first person to sue USCIS for all the expenses, lost time and headaches that I incurred in preparing the 485 application...I think USCIS can't get away without reimbursing everyone for all of the above...

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man-woman-and-gc

01-13 11:53 AM

I sent a hand written letter to the President and CC'd it to CA IV PO BOX. and I feel a lot better after writing it.

I have also sent a personalized hand written letter to the local Congressman. I will set up a meeting once I get a positive response or in the next few weeks, whichever is earlier.

Parijat

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GCVictim

08-24 12:37 PM

If you give my reference we both will get 2 months free.

Srikanth Vadlakonda
972-798-0307 (H)
friend.

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tempy

09-08 11:09 PM

Got CPO email this afternoon. I did not get any other emails (like welcome or decision emails) before this email. Is that normal to send the CPO email before sending the decision notice email?

Thanks,
Tempy

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lazycis

11-23 08:39 AM

Amicus brief filed in the 1st Circuit appeal by AILF.
The brief discusses in details three major questions:

1) why the USCIS has a duty to adjudicate any application properly filed with them
2) why 8 USC 1252(a)(2)(B)(ii) does not bar jurisdiction in AOS mandamus cases
3) why the duty to adjudicate does not depend on a specific statutory or regulatory timeframe.

http://boards.immigrationportal.com/attachment.php?attachmentid=17149&d=1195639525

Amicus brief filed in the 11th Circuit appeal by AILF. Discusses the same questions, a good reading.

http://boards.immigrationportal.com/attachment.php?attachmentid=17018&d=1190059659

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h1techSlave

04-23 06:52 PM

In Grassley's home page there is an article captioned "Grassley Works to Eliminate Fraud and Abuse from H-1B Visa Program". http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=20327

There is a very easy but effective method to stop H1B abuses. Just make EB based immigration an integral part of the H1B visa. Meaning, as soon as the employee starts to work on H1B for any employer the below two things should happen:

1. H1B should like an EAD. As soon as your H1B gets approved thru one employer, then the employee should be able to take that same H1B visa and work for another employee in a similar role.
2. The employee's GC clock should start as soon as the H1B starts. After 5 years into H1B with any employer, the GC should come in the mail, with out any additional processing or application required by anybody.

Implement these above things, then H1B abuse will be a thing of the past.

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yabadaba

01-24 12:44 PM

wow...u guys have made my decision easier...better to go via ny directly to mumbai

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wantgc23

09-23 08:28 PM

Something is screwed up.....

Mexico has over 2000 cases in April 2001 yet its PD is May 1st 2001
India has less 500 cases in April 2001 yet its PD is Apr 15 2001
This along with CIS giving "bad/incorrect" data to IV is indication of someone's malicious intentions.

...



Indeed very interesting ...

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skynet2500

10-13 11:38 AM

Could anyone successfully reach a IO today at TSC? I tried couple of times and the lady keep saying to call national processing center.

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