Hassan11
03-18 01:00 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
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reddog
04-08 11:19 AM
Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
alias
06-10 01:37 PM
Incorrect. You have to submit proof of employment. Basically a letter from employer. If you are unemployed that that will raise a red flag and you cannot renew your EAD anyways. So current and future employment letter is a must for getting EAD. Sometimes they even ask you for salary slips if they suspect your employment. In this proposed amendment the employer also has an obligation to record layoffs and inform government. That makes it very tough for EAD guys to renew their EADs. Even if you are not working for the same company that filed your EAD, USCIS record can show there were layoffs and your applications will be in trouble. Expect lot of RFE and denials. Remember AC21 denials last year?
all you need to file an EAD renewal is:
copy of your old EAD
2 Passport photos
copy of I-94
& the filing fee
all you need to file an EAD renewal is:
copy of your old EAD
2 Passport photos
copy of I-94
& the filing fee
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kumarc123
10-15 07:23 PM
To all my IV Members,
I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.
1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.
Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.
We have been passive for long now, lets be activist.
Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.
Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.
I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.
1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.
Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.
We have been passive for long now, lets be activist.
Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.
Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.
more...
grinch
02-16 08:34 PM
Aw this is so great!
People are actually participating in this battle!!!
Well, for all of us not-so-experienced 3d artists, this battle is a very good way to learn many new things and techniques. I mean, I have no idea of winning this battle, but from using what I've learned, and combining new techniques, I'm sure to learn alot.
A quick question, what are you guys modeling in? nurbs? I'm doing mine all in nurbs, and i'm having a little trouble modeling a nice chair, like the one that eisloe had.
Not asking for any explanation, but possibly a couple tips for all of us here?
Thanks guys, I'm working hard on it.
People are actually participating in this battle!!!
Well, for all of us not-so-experienced 3d artists, this battle is a very good way to learn many new things and techniques. I mean, I have no idea of winning this battle, but from using what I've learned, and combining new techniques, I'm sure to learn alot.
A quick question, what are you guys modeling in? nurbs? I'm doing mine all in nurbs, and i'm having a little trouble modeling a nice chair, like the one that eisloe had.
Not asking for any explanation, but possibly a couple tips for all of us here?
Thanks guys, I'm working hard on it.
dpp
06-13 10:40 AM
I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.
Yes, it doesn't look real. it is definitely cooked.
Yes, it doesn't look real. it is definitely cooked.
more...
msp1976
07-13 10:12 AM
All,
Discrediting attorney Murthy does not serve our purpose.
If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...
Everyone has their motives...What matters is the end product...
Discrediting attorney Murthy does not serve our purpose.
If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...
Everyone has their motives...What matters is the end product...
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desi3933
02-03 01:02 PM
Thanks desi3933, couple more questions...
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permanent for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 pay stubs from this year?
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
do I have to submit only the job offer letter?
Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permanent for the same salary as in I140?
Do I have to send the W2 from last year?
Do I have to send 2 pay stubs from this year?
Please read my post again.
The letter is for future GC job, not for your current job.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
nomi
12-12 04:19 PM
USCIS is not a legislative body, they cannot pass a law. The Congress does. In order to change any existing laws Congress has to pass it and USCIS just implements it. So I do not think meeting USCIS will help. BTW what is DOS ?
I know USCIS is not legislative body and they can`t pass law either. But we need to know what USCIS can do for us to give us temp. relief. We need to know what are under their control. They do lot of rules with out going into Congress. So its nothing to lose to ask them what they can do for us without any bill. We will not lose if they say "They can`t do anything" but this will give us some hope that we did our best and also contact to USCIS too.
I know USCIS is not legislative body and they can`t pass law either. But we need to know what USCIS can do for us to give us temp. relief. We need to know what are under their control. They do lot of rules with out going into Congress. So its nothing to lose to ask them what they can do for us without any bill. We will not lose if they say "They can`t do anything" but this will give us some hope that we did our best and also contact to USCIS too.
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mallu
02-15 02:08 PM
Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
more...
bayarea07
08-06 07:46 PM
Read Post above yours and you will have the answer.
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
Hello Gurus.
My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.
My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?
Appreciate your inputs.
Thanks
Mo
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chanduv23
09-28 05:18 PM
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
This is a regular practice. This happens to everyone in their daily life. People tend to be nice to u and smile when you are paying money, but after that they let you know that they hate you for what you are.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
This is a regular practice. This happens to everyone in their daily life. People tend to be nice to u and smile when you are paying money, but after that they let you know that they hate you for what you are.
more...
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eager_immi
01-26 10:16 AM
I don't think you are taking a free-ride but remember only lobbying gets you what you want in this country. Yes u can feel hopeless and watch, or you can act and do something about it. There are no guaratees and but atleast you'll have no regret of having done your best. It is like saying "oh this exam is so tough i don't want to put too much effort into it since i won't pass." Remember the saying "No risk no gain."
I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.
I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.
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BharatPremi
03-17 03:18 PM
But when that happens, I guess, guys in CP wil get their interview scheduled (as long as their PD is current; no RD date concept there) as the queue in CP is not as long. Correct?
In general CP ones get out of this mess first always... I know you are CP one and you would be out well before the guy having same PD but stuck in AOS.
In general CP ones get out of this mess first always... I know you are CP one and you would be out well before the guy having same PD but stuck in AOS.
more...
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Legal
07-20 10:38 PM
I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
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bitu72
01-31 10:04 AM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
more...
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nonimmi
12-20 04:25 PM
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?
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samirpatel08
03-10 01:44 PM
I agree with 'rexjamla'. My lawyer said same thing. I am working on my EAD, and I have not submit anything to USCIS.
According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.
In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.
If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
According to my lawyer, AC 21 is a portability law which allow you to swith a job with same or similar work. Additionally, we need to have a valid job with the same job discription and pay(or higher pay) when our priority date become current.
In my case, my previous company's lawer is going to take care of my case for the future. If you are changing your lawyer then I think it would be ok to send AC 21 papers to make sure USCIS update lawyer's informtion. The new lawer information would help USCIS to contact your new lawer for the future.
If you are changing the job and if possible that your previous company's lawer going to work for your case....I think you do not need to worry about anything...At least... I have not filed anything...
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
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Aah_GC
05-28 04:03 PM
Finally after 6 years, its my turn to report. Online is NOT updated but when I called NSC they informed that it was approved on 05/23/2008. They also informed me that it will take 6 business days to get the card(card ordered on 05/23/2008).
Congratulations to you and family. Have lots of fun and a bright future ahead!
Congratulations to you and family. Have lots of fun and a bright future ahead!
Jaime
09-11 02:48 PM
Come on guys! Make up your minds and attend the rally! You still have time! We'll help you! LET'S GO!!! Let's make history!!!
Wendyzhu77
01-19 10:22 AM
Apparently, the police officer told you the exact story: by law you should carry all your immigration documents, but in practice a passport is good enough. By law he could deport, but in practice he won't though he had enough opportunities.
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.