Ramba
05-01 11:42 AM
Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
I will be sending mainly to DOS , DHS and USCIS
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
I will be sending mainly to DOS , DHS and USCIS
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
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amit_sp
07-16 09:29 AM
Hello: Here's the original article.
http://online.wsj.com/article_email/SB118455917060167397-lMyQjAxMDE3ODE0NjUxNTY5Wj.html
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
http://online.wsj.com/article_email/SB118455917060167397-lMyQjAxMDE3ODE0NjUxNTY5Wj.html
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
Munna Bhai
11-09 08:45 AM
Hello,
My labour is certified but we have to yet to file I-140 and my H1b is getting over my May 2007. Even If I file I-140, it will not be more than 365 days.
Will I get I year extensions?
-Thanks,
M
My labour is certified but we have to yet to file I-140 and my H1b is getting over my May 2007. Even If I file I-140, it will not be more than 365 days.
Will I get I year extensions?
-Thanks,
M
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India76
06-04 09:33 AM
Is there going to be CIR Debate in senate today?
more...
sk8er
04-14 04:00 AM
Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.
So, can you
1. enter the US on B2 for a job search from June 2011 - September 2011
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011
and not raise any of the following red flags :
1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ?
2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2
3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ?
4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ?
5. Would the consulate cancel my B2 visa after stamping H1-B ?
Please advise on where I should give gaps in my timeline or would cutting it so close work ?
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.
So, can you
1. enter the US on B2 for a job search from June 2011 - September 2011
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011
and not raise any of the following red flags :
1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ?
2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2
3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ?
4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ?
5. Would the consulate cancel my B2 visa after stamping H1-B ?
Please advise on where I should give gaps in my timeline or would cutting it so close work ?
nit_sea
01-04 11:53 AM
Can someone reply on my question . Please help .
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
more...
Sakthisagar
04-28 10:05 AM
I agree US having fair consideration for illegals because of political reasons(VOTES to be specific)
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
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lazycis
12-05 12:42 PM
Here is a good article on the subject with references to the US law and caselaw:
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
more...
indianindian2006
06-14 02:17 PM
you can file for 485 and change employers later, I guess you should ask an attorney.
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skd
07-19 12:20 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Is Tax Return for last 3 years is required document ?
more...
sundevil
06-14 05:14 PM
The Last I heard they had 40K unused numbers(Ombudsman report). Some lucky few with much newer priorities might get through if USCIS tries to clear these numbers fast by end of FY'07. I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.
Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
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Edison99
03-25 03:11 PM
Congrats the_jaguar and enjoy!
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
more...
house more.
globaldesi
05-14 10:25 AM
My HR notified me yesterday that they have received the receipt for my H1B. Thank God! Good luck to everyone awaiting a response.
Quota - General
Premium Processing - No
Notification Date - 04/28/08
Receipt Number - Yes
Notified via - email from HR
Employer - Company
Multiple Petitions - No
Quota - General
Premium Processing - No
Notification Date - 04/28/08
Receipt Number - Yes
Notified via - email from HR
Employer - Company
Multiple Petitions - No
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pappu
07-30 11:38 AM
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.
more...
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axp817
06-16 12:21 PM
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
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ashishgour
09-17 10:56 AM
No - there is nothing to do your status with AP.
Thanks a Lot!!!
Thanks a Lot!!!
more...
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naidu
04-04 12:43 PM
Looks like some got email whose PD is after Feb 2008. Good for people like me.
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eb3retro
12-11 02:54 PM
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
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rb_248
11-14 08:24 PM
I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(
singhsa3
10-22 09:05 AM
But I've got two A#s and so as my spouse...
I do not think so, even though you have two application , there will be only 1 A# for each applicant.
We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.
We did not apply for EAD and AP, through my wife. I applied from my side for both of us.
I do not think so, even though you have two application , there will be only 1 A# for each applicant.
We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.
We did not apply for EAD and AP, through my wife. I applied from my side for both of us.
amoljak
03-24 03:16 PM
They have
Exempt post-secondary foreign students in math/tech/eng/science (est.2)
200000
I don't know what that is...
And suddenly they arrive at: TOTAL ANNUAL PERMANENT LEGAL IMMIGRATION = CURRENT LAW + ENACTMENT OF:3 = 3.1 Mil
There are no calculations for that.. you may want to ask her where that number came from...
Exempt post-secondary foreign students in math/tech/eng/science (est.2)
200000
I don't know what that is...
And suddenly they arrive at: TOTAL ANNUAL PERMANENT LEGAL IMMIGRATION = CURRENT LAW + ENACTMENT OF:3 = 3.1 Mil
There are no calculations for that.. you may want to ask her where that number came from...
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