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rsdang
08-19 01:32 PM
Enjoy the new found freedom...
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storm
08-24 07:06 PM
I'm not sure if there is another memo that superceded this one. I'm no legal savvy but can USCIS override a Writ of Mandamus just like that? Any legal experts around?
chetanjumani
03-13 10:59 PM
There was a topic where googler had explained that as per DHS employee, unused Eb2 Worldwide goes to Over subscribed Eb2, so Eb2 India and Eb2 China.
It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.
In fact the way it appears is :
EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.
So before any spill over to EB3, visas are given to EB2 category.
Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.
From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.
It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.
In fact the way it appears is :
EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.
So before any spill over to EB3, visas are given to EB2 category.
Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.
From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.
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ilwaiting
07-11 07:36 AM
By this action USCIS is creating more confusion and dilemma among July 485 filers. Not sure what is going on, but atleast government should atleast be fair in some ways.
More drama and confusion. Thats all I think.
More drama and confusion. Thats all I think.
more...
chanduv23
01-29 10:23 AM
I agree with you. Only court can decide whether this memo has incorrect interpretation of INA laws or not. Until then, this memo is valid.
__________________
Not a legal advice.
desi - from your posts - you always seem to look at things from all sides and your perspectives and views tend to look like "perfect law in perfect world"
Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.
Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.
One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.
There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.
Your views are good, but they definitely are "bookish" in nature.
__________________
Not a legal advice.
desi - from your posts - you always seem to look at things from all sides and your perspectives and views tend to look like "perfect law in perfect world"
Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.
Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.
One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.
There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.
Your views are good, but they definitely are "bookish" in nature.
AllVNeedGcPc
04-18 04:54 PM
Enjoy the freedom.
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JS2225
09-02 05:16 PM
Thanks.
I have another question:
If the PERM was filed in a different state should the person move to that state after GC approval? This is under the assumption that the person continues to work for the sponsor company.
I have another question:
If the PERM was filed in a different state should the person move to that state after GC approval? This is under the assumption that the person continues to work for the sponsor company.
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gjoe
10-28 05:35 PM
I was seeing lot of posts in this forum about reverse brain drain, so I wanted to comeup with a question which would answer my question without doubt.
I wanted to see if all those who are in the GC queue and think that they are a very important for America and insist on that in their signature by saying "Help us stop reverse brain drain" are really meaning what they say.
I beleive if we are so much in demand we can get a job in another country and have similar quality of life or better. So only poeple who are confident of the reverse brain drain and America should stop it will not hesitate to vote "Yes" if they are so frustated with the GC wait times.
Once again thanks to everyone who so far particiapted in this poll and posted comments.
Some people have given me negative reps for this poll saying it is useless but never say why "they" think it is useless. I would appreciate if you can post your opinion with those negative reps. Offcourse postive reps can be without opinon :D
I wanted to see if all those who are in the GC queue and think that they are a very important for America and insist on that in their signature by saying "Help us stop reverse brain drain" are really meaning what they say.
I beleive if we are so much in demand we can get a job in another country and have similar quality of life or better. So only poeple who are confident of the reverse brain drain and America should stop it will not hesitate to vote "Yes" if they are so frustated with the GC wait times.
Once again thanks to everyone who so far particiapted in this poll and posted comments.
Some people have given me negative reps for this poll saying it is useless but never say why "they" think it is useless. I would appreciate if you can post your opinion with those negative reps. Offcourse postive reps can be without opinon :D
more...
eb3_nepa
06-07 11:41 AM
I am sorry srikondoji but i have to disagree on some points.
"You can come to office at 9:00AM and leave by 6:00PM. No body asks you to stay late unless you work for a consultant. No body asks you to relocate unless you again work for a consultant." .
Yes you can do that. But you work late coz people Not dependant on H1B's can leave on their scheduled times coz if they get laid off, they wont be deported if they dont get a job in 10 days. Sure there is No Formal distinction on paper between H1B's and Non H1Bs, but it is assumed that since ur application depends on the employer (entirely), you will put urself to the grind.
You could easily get a legal immigration if you opt an easier path 'Marry a local'. So, again you have opted a hard way of going through labor certs, I-140, I-48 etc.
What about people who come here already married? Now for those unmarried you have to marry a Citizen to get a Green card. Marriage is a totally seperate thing and is not something that should be used solely for getting a GC (IMHO). Sorry but i do not agree that marrying a citizen is an easier way of doing ur immigration.
"You can come to office at 9:00AM and leave by 6:00PM. No body asks you to stay late unless you work for a consultant. No body asks you to relocate unless you again work for a consultant." .
Yes you can do that. But you work late coz people Not dependant on H1B's can leave on their scheduled times coz if they get laid off, they wont be deported if they dont get a job in 10 days. Sure there is No Formal distinction on paper between H1B's and Non H1Bs, but it is assumed that since ur application depends on the employer (entirely), you will put urself to the grind.
You could easily get a legal immigration if you opt an easier path 'Marry a local'. So, again you have opted a hard way of going through labor certs, I-140, I-48 etc.
What about people who come here already married? Now for those unmarried you have to marry a Citizen to get a Green card. Marriage is a totally seperate thing and is not something that should be used solely for getting a GC (IMHO). Sorry but i do not agree that marrying a citizen is an easier way of doing ur immigration.
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needhelp!
11-27 04:55 PM
Update : OUR Enemies are actively supporting LOU Dobbs (http://www.alipac.us/ftopic-91255-0-days0-orderasc-.html). While EB Immigrants are sleeping!
more...
mheggade
07-17 01:25 PM
i am with you. we should request that USCIS recapture unused visas!
Guys , I think this issue has been discussed lot of times.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
Guys , I think this issue has been discussed lot of times.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
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sriharirag
07-17 10:31 PM
Can we also add a section that says that H1Bs also pay taxes...including medicare and SS?
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ndialani
10-30 12:02 PM
I sent #7001 form in second week of October , i emailed CIS Ombudsman3-4 days back . I received this email today....
Thank you for contacting
the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S.
Department of Homeland Security (DHS). We received your case problem on
October 21, 2009. Your case is in the process of being assigned to an
Immigration Law Analyst. Please allow us 14 working days to process your case
problem
Any thoughts....does it mean anything? anyone else with this reply?
Thanks
Thank you for contacting
the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S.
Department of Homeland Security (DHS). We received your case problem on
October 21, 2009. Your case is in the process of being assigned to an
Immigration Law Analyst. Please allow us 14 working days to process your case
problem
Any thoughts....does it mean anything? anyone else with this reply?
Thanks
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rimzhim
02-05 04:26 PM
Not all professions can apply for H1Bs. You need to have specific skills that the US does NOT have. Someone on here had once posted that his wife could not work as a teacher although the school was ready to offer her a job, coz there is no H1B category for teachers. The H1B visa cannot help spouses in all professions. Hence my suggestion.
About how this will solve retrogression, IT WONT. My point is instead of trying to bring this retrogression beast down, maybe we should look at alternatives to work around it.
thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.
Our main goal to solve the retrogression problem.
About how this will solve retrogression, IT WONT. My point is instead of trying to bring this retrogression beast down, maybe we should look at alternatives to work around it.
thanks for explaining. my suggestion then is to go to school on F1 (maybe ?) and get a degree that can help him/her get a job that qualifies under H1b.
Our main goal to solve the retrogression problem.
more...
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satyasaich
04-07 01:37 PM
drop and drop makes an ocean
just added my $200 again today. and urging all the like minded people to come forward, even if we contributed before.
bottom line is we have to help ourself and join the hands
once again, thanks IV and let's keep the momentum.
"The tough gets going when going gets tough"
we all have a strong will and tough mind that can make a difference
just added my $200 again today. and urging all the like minded people to come forward, even if we contributed before.
bottom line is we have to help ourself and join the hands
once again, thanks IV and let's keep the momentum.
"The tough gets going when going gets tough"
we all have a strong will and tough mind that can make a difference
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franklin
07-11 07:48 PM
To answer the flowers question:-
Yes, we will be handing out flowers at the rally to tie it to the incredible success of the recent bouquet sending effort (again, kudos guys and gals)
Thank you english_august for your suggestions regarding pr handling as well.
Yes, we will be handing out flowers at the rally to tie it to the incredible success of the recent bouquet sending effort (again, kudos guys and gals)
Thank you english_august for your suggestions regarding pr handling as well.
more...
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GCmuddu_H1BVaddu
10-08 09:49 PM
Orey pichhi vedava, pichhi pattinda neeku sannasi.
Ni yabba, burra kaya saara posi kadagara.
EB2 india/china... see this..
http://immigrationvoice.org/forum/showthread.php?t=21828
and then see this
http://immigrationvoice.org/forum/showthread.php?t=21833
ab bajao ghanti... aur chup chap baithe raho
(translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!
We need to let uscis know and audit all current and past approved cases from these consultants)
FYI ...With support from a few people .. we are in the process of filing a Direct injunction for stoppage and immediate audit of interfiled/approved cases. But more support would be appreciated.
Ni yabba, burra kaya saara posi kadagara.
EB2 india/china... see this..
http://immigrationvoice.org/forum/showthread.php?t=21828
and then see this
http://immigrationvoice.org/forum/showthread.php?t=21833
ab bajao ghanti... aur chup chap baithe raho
(translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!
We need to let uscis know and audit all current and past approved cases from these consultants)
FYI ...With support from a few people .. we are in the process of filing a Direct injunction for stoppage and immediate audit of interfiled/approved cases. But more support would be appreciated.
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manisha5
07-17 04:14 PM
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arkrish68
04-15 02:24 PM
does soft LUD mean RFE is comming or does it mean there are just pre adjudicating. Seems like a lot of people who got a soft LUD on 485 recieved rfe. Are there any people who had a soft lud on 485 but did not recieve any rfe.
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
Not always true. They might be pre adjudicating. My 485 app had soft LUD on 02/10 and no RFE till today...
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
Not always true. They might be pre adjudicating. My 485 app had soft LUD on 02/10 and no RFE till today...
mallu
11-17 10:37 AM
I filed 485 in Sep 2003.
First Finger Print is done in Aug 2004.
Second Finger Print is done in April 2007.
Took Infopass on Sep 11th 2007 and I was told by Officer that everything looks good but still pending and asked me to check after 2 months.
Took Infopass again on Nov 13th 2007 and came to know that FBI Name Check is Pending on my and my wife's cases.
How do I know how long FBI Name Check is Pending on my case ?
You filed in Sep 2003, right ? So name check is pending for 4+ years. Why didn't file WOM on them ?
First Finger Print is done in Aug 2004.
Second Finger Print is done in April 2007.
Took Infopass on Sep 11th 2007 and I was told by Officer that everything looks good but still pending and asked me to check after 2 months.
Took Infopass again on Nov 13th 2007 and came to know that FBI Name Check is Pending on my and my wife's cases.
How do I know how long FBI Name Check is Pending on my case ?
You filed in Sep 2003, right ? So name check is pending for 4+ years. Why didn't file WOM on them ?
spdy_mn
06-14 01:34 PM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
That explains almost every thing. Thanks so much
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
That explains almost every thing. Thanks so much
