vinicola78
11-06 12:43 PM
Folks,
I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Withdrawal Acknowledgment Notice Sent
On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.
I am not sure if this means that my 485 will be denied shortly...
I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Withdrawal Acknowledgment Notice Sent
On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.
I am not sure if this means that my 485 will be denied shortly...
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bondgoli007
11-24 03:19 PM
punjabi,
If you can afford the payments and the loss in home value is not that much (20k per your earlier post is not that bad), it makes no sense to go into foreclosure. I do understand you were hoping to make a profit by now but bad luck.
I am assuming you can still afford payments because you are only thinking of selling to move to a different city for better job opportunities. I also would think you have no desire to buy another house in that new city. So your net income per month should be comfortable and not the driving force.
So why don't you just rent your house and wait out the tough times? If you can afford the payment, you will stand to gain long term by not going into foreclosure....You are losing not just your credit history but also any equity you built as well as any future prospective returns on the house. Not to mention all that interest payments down the drain.
Finally, though I share your thoughts on the unfortunate situation with the home prices falling, I do believe that you share equal responsibility for your financial decisions. So my humble advise is to take this as a learning experience and plan for both good and bad situations with important financial decisions.
All the best!!
If you can afford the payments and the loss in home value is not that much (20k per your earlier post is not that bad), it makes no sense to go into foreclosure. I do understand you were hoping to make a profit by now but bad luck.
I am assuming you can still afford payments because you are only thinking of selling to move to a different city for better job opportunities. I also would think you have no desire to buy another house in that new city. So your net income per month should be comfortable and not the driving force.
So why don't you just rent your house and wait out the tough times? If you can afford the payment, you will stand to gain long term by not going into foreclosure....You are losing not just your credit history but also any equity you built as well as any future prospective returns on the house. Not to mention all that interest payments down the drain.
Finally, though I share your thoughts on the unfortunate situation with the home prices falling, I do believe that you share equal responsibility for your financial decisions. So my humble advise is to take this as a learning experience and plan for both good and bad situations with important financial decisions.
All the best!!
gc28262
06-14 05:49 PM
I am not saying that we are reporting fraud just for the sake of not tolerating it. This is effecting our GC. Earlier the effect was related to the job being taken away now it is effecting our GC too.
Initially L1s were sponsored only by large offshore companies like TCS, WIPRO etc.. The effect was that the jobs were taken away. But it did not have much effect on the GC side as most of these large offshore companies do not process GC for their employees.
But nowadays lots of small Offshore companies started doing L1As. These companies do not have lots of clients like TCS or WIPRo but they have a handfull of clients. So to make sure they have their clients they started bringing people in L1As and processing GC under EB1 for them. Although many of these people are developers and should be in EB3 and should be behind in the line. But as they are in L1A and are appling in Eb1 they are getting GC in no time and also taking the visa#s away. There are hunderes of these small offshore companies started getting people in L1As. Thus these EB1 Visa #s are not overflowing to EB2. This is effecting our GC.
Now we have :
1. Large offshore companies sponsored L1s taking the jobs
2. The small offshore companies sponsored L1s taking the GC visa #s.
If the L1As are indeed senior Manager then no problem, but the Developers/Business Analyst/ Project Manager without hire-fire authority are getting GC under EB1.
Thus these frauds should be reported so that at least the # of EB1 visas are not taken by fraud.
So you too can see how this fraud is effecting us all.
Do you know why we are having GC delays ?
1. Country cap for visa numbers
2. Visa numbers wasted by USCIS by their inefficiency
EB1 visa never belonged to EB2 or EB3 category. What if there were enough genuine EB1 people to claim all the EB1 visas. There won't be any spillovers. Spillovers are bonuses. It is never our right to claim those.
If you want your GC faster, work with IV for country cap removal and recapture.
Have you donated a single dime for IV's cause ?
We always find it easy to go against fellow immigrants than fighting the injustice at root.
Look at the following thread to see how easy it is to resolve GC issues if country caps are removed.
http://immigrationvoice.org/forum/showthread.php?t=26465
Initially L1s were sponsored only by large offshore companies like TCS, WIPRO etc.. The effect was that the jobs were taken away. But it did not have much effect on the GC side as most of these large offshore companies do not process GC for their employees.
But nowadays lots of small Offshore companies started doing L1As. These companies do not have lots of clients like TCS or WIPRo but they have a handfull of clients. So to make sure they have their clients they started bringing people in L1As and processing GC under EB1 for them. Although many of these people are developers and should be in EB3 and should be behind in the line. But as they are in L1A and are appling in Eb1 they are getting GC in no time and also taking the visa#s away. There are hunderes of these small offshore companies started getting people in L1As. Thus these EB1 Visa #s are not overflowing to EB2. This is effecting our GC.
Now we have :
1. Large offshore companies sponsored L1s taking the jobs
2. The small offshore companies sponsored L1s taking the GC visa #s.
If the L1As are indeed senior Manager then no problem, but the Developers/Business Analyst/ Project Manager without hire-fire authority are getting GC under EB1.
Thus these frauds should be reported so that at least the # of EB1 visas are not taken by fraud.
So you too can see how this fraud is effecting us all.
Do you know why we are having GC delays ?
1. Country cap for visa numbers
2. Visa numbers wasted by USCIS by their inefficiency
EB1 visa never belonged to EB2 or EB3 category. What if there were enough genuine EB1 people to claim all the EB1 visas. There won't be any spillovers. Spillovers are bonuses. It is never our right to claim those.
If you want your GC faster, work with IV for country cap removal and recapture.
Have you donated a single dime for IV's cause ?
We always find it easy to go against fellow immigrants than fighting the injustice at root.
Look at the following thread to see how easy it is to resolve GC issues if country caps are removed.
http://immigrationvoice.org/forum/showthread.php?t=26465
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BharatPremi
09-24 10:51 PM
Eb3. I have only applied for PERM in eb2 still waitng for perm to get approved
I am really confused. You have EB3 based 485. Are you working on EAD or on H1?
I am really confused. You have EB3 based 485. Are you working on EAD or on H1?
more...
trueguy
08-22 11:47 AM
lets ignore all the negative comments in this thread and stay focused.
Lets start with letter campaign and see what happens when new year starts. Does somebody has a letter drafted and ready to send out?
Thanks.
Lets start with letter campaign and see what happens when new year starts. Does somebody has a letter drafted and ready to send out?
Thanks.
CADude
09-21 11:20 AM
Please post any document where USCIS admit that they are working with July 2nd cases. I didn't get any document in USCIS website. May be i missed ? Or Well Officially they are telling that they are working with July end/August start filers but CSR Level 1 says in phone. bla bla. :D
That is the reason to write congressmen and senators so officially they have to admit it in document and to follow FIFO. Otherwise leftover July 2nd application will be touched in Sept 2008 :)
I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.
I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.
That is the reason to write congressmen and senators so officially they have to admit it in document and to follow FIFO. Otherwise leftover July 2nd application will be touched in Sept 2008 :)
I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.
I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.
more...
claudia255
07-14 07:01 AM
I only caught part of a report on Lou Dobbs regarding Beckham's visa. He received an O-visa. The Department of State (http://travel.state.gov/visa/temp/types/types_1271.html) does not give the number of these visas issued every year. However, the reporter on Lou Dobbs (http://transcripts.cnn.com/TRANSCRIPTS/0707/13/ldt.01.html) claimed there were over 12,000 of those given out last year . Where did they get that number?
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aroranuj
09-09 12:07 PM
Called ALL republicans on the committee, here is my feedback. Will update once I call all democrats. We are likely to face more resistance from Republicans so lets overload them with our calls...
Lamar S. Smith, Texas (202) 225-4236 Left Message
Jim Sensenbrenner, Wisconsin (202) 225-5101 Already Supports
Howard Coble, North Carolina (202) 225-3065 Left Message
Elton Gallegly, California (202) 225-5811 Voicemail
Bob Goodlatte, Virginia (202) 225-5431 Left Message
Steve Chabot, Ohio (202) 225-2216 Left Message
Dan Lungren, California (202) 225-5716 Voicemail
Chris Cannon, Utah (202) 225-7751 Voicemail
Ric Keller, Florida (202) 225-2176 Left Message
Darrell Issa, California (202) 225-3906 Not Supporting-Please CALL
Mike Pence, Indiana (202) 225-3021 Left Message
Randy Forbes, Virginia (202) 225-6365 Voicemail
Steve King, Iowa DO NOT CONTACT
Tom Feeney, Florida (202) 225-2706 Not supporting, Pls CALL & email
Cameron Smith at C.smith@mail.house.gov
Trent Franks, Arizona (202) 225-4576 Left Message
Louie Gohmert, Texas (202) 225-3035 Left Message
Jim Jordan, Ohio (202) 225-2676 Voicemail
Lamar S. Smith, Texas (202) 225-4236 Left Message
Jim Sensenbrenner, Wisconsin (202) 225-5101 Already Supports
Howard Coble, North Carolina (202) 225-3065 Left Message
Elton Gallegly, California (202) 225-5811 Voicemail
Bob Goodlatte, Virginia (202) 225-5431 Left Message
Steve Chabot, Ohio (202) 225-2216 Left Message
Dan Lungren, California (202) 225-5716 Voicemail
Chris Cannon, Utah (202) 225-7751 Voicemail
Ric Keller, Florida (202) 225-2176 Left Message
Darrell Issa, California (202) 225-3906 Not Supporting-Please CALL
Mike Pence, Indiana (202) 225-3021 Left Message
Randy Forbes, Virginia (202) 225-6365 Voicemail
Steve King, Iowa DO NOT CONTACT
Tom Feeney, Florida (202) 225-2706 Not supporting, Pls CALL & email
Cameron Smith at C.smith@mail.house.gov
Trent Franks, Arizona (202) 225-4576 Left Message
Louie Gohmert, Texas (202) 225-3035 Left Message
Jim Jordan, Ohio (202) 225-2676 Voicemail
more...
SunnySurya
08-07 12:09 PM
No thats not what I am saying. Let me repeat what I am saying and this comes out of the draft I am working with a lawyer
The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.
1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged
It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.
Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.
U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.
U'r logic should be similar to the below scenario..
A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.
Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.
sunnysurya and rollingflood,
Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.
The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.
1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged
It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.
Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.
U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.
U'r logic should be similar to the below scenario..
A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.
Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.
sunnysurya and rollingflood,
Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.
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addsf345
09-23 04:42 PM
Vonage Accounts team is mystry, they are not friendly they are very rude,
Probally more work pressure, and customers with same topic discussing made them like that.
Two things about VONAGE:
1. Tax kills the deal. For me its coming more than $31 per month.
2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.
Still calling unlimited india is a very tempting idea.;)
Probally more work pressure, and customers with same topic discussing made them like that.
Two things about VONAGE:
1. Tax kills the deal. For me its coming more than $31 per month.
2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.
Still calling unlimited india is a very tempting idea.;)
more...
pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
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arihant
05-17 12:15 PM
Hi,
I was scheduled to travel outside US this summer for about 3 months. Then dates move past my PD and I have to apply for 485 in june. I have discussed these with the lawyer and want to confirm what she is telling me:
1) I have to be in the country to apply for 485.
2) FP notice will likely arrive in 3-4 weeks. But we have 84 days to reschedule this if needed.
3) I was not planning on applying for EAD/AP at this time. However, she says that if I leave the country on H1, and 485 is approved while I am out of the country (HIGHLY unlikely but still possible), then I cannot come back into the country unless I have an AP. (This is the point that I mainly need clarification on!)
4) If I DO apply for EAD/AP then I cannot leave the country until they are approved.
5) Finally she cannot give me a timeline for how long EAD/AP would take. The service centers processing times show that they are currently processing Jan cases. Which means at least 4 months wait after applying for EAD/AP.
Does any one know if any of the first four points are wrong. If so, what is your knowledge about the point that is wrong. Also, does anyone have any idea on point 5 (i.e. how long it is taking for EAD and/or AP these days).
If you have any information, please respond ASAP, so that I can determine the best course of action before filing for 485.
I was scheduled to travel outside US this summer for about 3 months. Then dates move past my PD and I have to apply for 485 in june. I have discussed these with the lawyer and want to confirm what she is telling me:
1) I have to be in the country to apply for 485.
2) FP notice will likely arrive in 3-4 weeks. But we have 84 days to reschedule this if needed.
3) I was not planning on applying for EAD/AP at this time. However, she says that if I leave the country on H1, and 485 is approved while I am out of the country (HIGHLY unlikely but still possible), then I cannot come back into the country unless I have an AP. (This is the point that I mainly need clarification on!)
4) If I DO apply for EAD/AP then I cannot leave the country until they are approved.
5) Finally she cannot give me a timeline for how long EAD/AP would take. The service centers processing times show that they are currently processing Jan cases. Which means at least 4 months wait after applying for EAD/AP.
Does any one know if any of the first four points are wrong. If so, what is your knowledge about the point that is wrong. Also, does anyone have any idea on point 5 (i.e. how long it is taking for EAD and/or AP these days).
If you have any information, please respond ASAP, so that I can determine the best course of action before filing for 485.
more...
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makemygc
01-26 02:41 PM
"Well Established Visa Requirement"....are you kidding me? It's not only about the visa requirement but the treatment that you get from those morons at their airport. Read the heathrow experience which people have posted and we are not making this up.
Tell me this...You are going to your home country via london where your plane is only going to land and probably refuel and you can easily be asked to remain in a cordonned area where you cannot go out of the country. How in the heck can you think that person is going to step outside of the airport and sneak into their country. Don't you think that asking for transit visa from the passengers of the plane which is only going to touch that sacred land to just too much. Ok...we don't mind that...but atleast be courteous. What is the reason can you think of another stupid security checks plus asking passengers to stuff their personal hand bag in their cabin baggage where clearly this is allowed for the passengers.
This does not make any sense unless you reason out that with other possible reasons like race, color etc etc.
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
Tell me this...You are going to your home country via london where your plane is only going to land and probably refuel and you can easily be asked to remain in a cordonned area where you cannot go out of the country. How in the heck can you think that person is going to step outside of the airport and sneak into their country. Don't you think that asking for transit visa from the passengers of the plane which is only going to touch that sacred land to just too much. Ok...we don't mind that...but atleast be courteous. What is the reason can you think of another stupid security checks plus asking passengers to stuff their personal hand bag in their cabin baggage where clearly this is allowed for the passengers.
This does not make any sense unless you reason out that with other possible reasons like race, color etc etc.
It really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.
The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.
The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.
It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.
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trueguy
08-21 12:22 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
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gc_on_demand
09-24 10:58 AM
There will be only 25 - 20k Spill for 2010. Given that India and CHINA Eb2 can cross mid 2006.
It will take another 2 years for Eb2 to make C and then we can see Spill over to Eb3.
If economy improves and we start seeing labor approval coming Spill be going to less and creating more wait time.
Eb3 needs VISA RECAPTURE badly. Eb2 guys can wait for couple of years to get GC. but still 2-3 years in given economy is too risky. Bottom line is WE need VISA RECAPTURE in order to clean all mess.
It will take another 2 years for Eb2 to make C and then we can see Spill over to Eb3.
If economy improves and we start seeing labor approval coming Spill be going to less and creating more wait time.
Eb3 needs VISA RECAPTURE badly. Eb2 guys can wait for couple of years to get GC. but still 2-3 years in given economy is too risky. Bottom line is WE need VISA RECAPTURE in order to clean all mess.
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anotherone
01-29 06:41 PM
your ad shows a company that has advertised for no EAD, GC h1b etc., which is legal, AFAIK.
It is not a small difference, but not interviewing someone based on whatever is probably their prerogative (even this may have certain limitations like -you cannot say "no women" et6c.,), visa status is not considered a protected class... again AFAIK. They probably cannot say no GC, but CAN say only citizens because of some clearance required etc.,
This is different from getting someone through the interview loop, making an offer and THEN saying sorry we ont hire you now because of EAD. That is BS. As for saying no to H1B, we have all been there, a company that does not want to sponsor cannot be MADE to do it.
I was asking for a list of companies that have refused to work with EADs and have been cited for it or fined etc.,
It is not a small difference, but not interviewing someone based on whatever is probably their prerogative (even this may have certain limitations like -you cannot say "no women" et6c.,), visa status is not considered a protected class... again AFAIK. They probably cannot say no GC, but CAN say only citizens because of some clearance required etc.,
This is different from getting someone through the interview loop, making an offer and THEN saying sorry we ont hire you now because of EAD. That is BS. As for saying no to H1B, we have all been there, a company that does not want to sponsor cannot be MADE to do it.
I was asking for a list of companies that have refused to work with EADs and have been cited for it or fined etc.,
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gc28262
01-24 04:03 PM
Taking the Emirates or Kuwait airlines is another option. They have flights that doesn't need transit visa. Service quality ? better than Air India !
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gtg506p
01-09 10:17 AM
Sheela Murthy and Greg Siskind might also be good contacts. I think IV is already in good contacts with them?
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nrk
10-27 10:08 AM
congrats caliguy
abhijitp
06-29 04:31 PM
How about, they are expecting so many application 140 plus 485...that THEY DO NOT WANT TO PROCESS ANY APPLICATION...like always - THEY WILL SIT and EAT BURGERS and dont WANT TO DO ANY WORK...nothing new here folks...
On Monday I upgraded my I-140 at NSC to Premium Processing category. It got approved in just 3 days. It is not as if they are not doing any work. In fact I checked that the TSC I-140 dates (my successor in interest I-140 is pending here) have moved forward too.
I think they stopped premium processing I-140's now as they know there will be a flurry of AOS apps, which they would want to look at.
For the same reason, I think the AILA thing about a new interim bulletin is also a rumour.
Given a chance though, I would want to file ASAP... who won't?
On Monday I upgraded my I-140 at NSC to Premium Processing category. It got approved in just 3 days. It is not as if they are not doing any work. In fact I checked that the TSC I-140 dates (my successor in interest I-140 is pending here) have moved forward too.
I think they stopped premium processing I-140's now as they know there will be a flurry of AOS apps, which they would want to look at.
For the same reason, I think the AILA thing about a new interim bulletin is also a rumour.
Given a chance though, I would want to file ASAP... who won't?
sku123
09-14 08:15 PM
I believe my green card application has been approved. Just wanted to share the news...
Decision
On September 14, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
Decision
On September 14, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
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