aristotle
05-22 06:53 PM
thanks, I am going to look into that also.
I am still trying to talk the old employer. Is it such a big deal that they cant even write a letter of future employment for me? i told them that they are not obligated to hire me but they are scared that they are trying to show that they are in losses and that by filing for a GC and promising a future employment they will not be able to show that they are suffering losses.
Why is it so difficult and complicated?
I am losing hope in it.
There is no harm in trying the new application in parallel. Assuming your employer is paying for it/you can afford the extra fees. Time is critical as CIR might mess things up if you delay too much.
I am still trying to talk the old employer. Is it such a big deal that they cant even write a letter of future employment for me? i told them that they are not obligated to hire me but they are scared that they are trying to show that they are in losses and that by filing for a GC and promising a future employment they will not be able to show that they are suffering losses.
Why is it so difficult and complicated?
I am losing hope in it.
There is no harm in trying the new application in parallel. Assuming your employer is paying for it/you can afford the extra fees. Time is critical as CIR might mess things up if you delay too much.
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ashshef
09-24 05:07 PM
1) Each (EB1/2/3) - 28.6% WW quota = 40040
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number"
Number 2) and hence number 3) are definitely wrong.
As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number"
Number 2) and hence number 3) are definitely wrong.
As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.
Michael chertoff
09-30 08:41 PM
Dude not all 2004's got cleared..i am still waiting for approval and many more like me are still out there waiting to get greened..dont know when we will be approved..hopeing to get next month..:mad:
Brother . this month you all will get greencard...best of luck
MC
Brother . this month you all will get greencard...best of luck
MC
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BharatPremi
09-24 11:42 PM
Why dont USCIS clarify on the report they put out
1. Lack of description and detail about what it is ?
2. No time stamp on the report
3. Provide some commentary and detail about the parameters used in the report.
Becuase It is USCIS :D
1. Lack of description and detail about what it is ?
2. No time stamp on the report
3. Provide some commentary and detail about the parameters used in the report.
Becuase It is USCIS :D
more...
logiclife
06-15 02:34 PM
June 15, 2007
United States Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
RE: Job Letter for Mr. ______________
Dear Sir or Madam:
This is to certify that _____________ will provide Mr. __________ full-time permanent employment as a _____________ at an annual salary of $___________ upon becoming a Permanent Resident of the United States.
This letter is being issued in connection with an Application for Adjustment of Status being filed on his behalf.
Sincerely,
I think it has to be a little more than that.
The job description should be there in this letter that should match the labor cert (mostly if not exactly).
United States Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479
RE: Job Letter for Mr. ______________
Dear Sir or Madam:
This is to certify that _____________ will provide Mr. __________ full-time permanent employment as a _____________ at an annual salary of $___________ upon becoming a Permanent Resident of the United States.
This letter is being issued in connection with an Application for Adjustment of Status being filed on his behalf.
Sincerely,
I think it has to be a little more than that.
The job description should be there in this letter that should match the labor cert (mostly if not exactly).
skarthy
11-12 03:12 PM
sent 2, running low on envelopes , will send the remaing 2 soon.
Great Effort, kudos to the IV leadership team.
Great Effort, kudos to the IV leadership team.
more...
admin
01-25 08:33 AM
AILA has created this document. We will have to make sure that our clauses are not removed from these bills like what happened at S1932.
http://www.shusterman.com/pdf/immreform106.pdf
http://www.shusterman.com/pdf/immreform106.pdf
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kewlchap
10-12 01:11 PM
@ vikki, fatjoe:
There are 3 broad areas where your app can be:
1. In a huge storage area somewhere off site -> Contractor pulls out your app and transports it to NSC based on the list that NSC gives him.
2. In a holding area within NSC. -> Waiting for IO to pick it up.
3. On the desk of an IO.
If your app is in either state 2 or 3, the response from USCIS will be "your case has been assigned to IO".
My suggestion is ask them:
1. Has my case been pulled out of the storage area? If not, could you please request that [An IO can do this and I think this was the most useful thing in my case. She said that she will make a request to the contractor to get my case pulled out].
2. Has my case been picked up by an IO or is it still waiting in the holding area? If it has been picked up by an IO, nothing you can do except filling out 7001 form. If it has not been picked up by an IO, ask on the phone if an email can be sent to him advising that your case is current and waiting.
So, broadly, your goal should be to get your app moving from state 1 to state 3. Once an app lands on IO desk, it will take between 10-30 days to get it approved.
Hope this helps.
There are 3 broad areas where your app can be:
1. In a huge storage area somewhere off site -> Contractor pulls out your app and transports it to NSC based on the list that NSC gives him.
2. In a holding area within NSC. -> Waiting for IO to pick it up.
3. On the desk of an IO.
If your app is in either state 2 or 3, the response from USCIS will be "your case has been assigned to IO".
My suggestion is ask them:
1. Has my case been pulled out of the storage area? If not, could you please request that [An IO can do this and I think this was the most useful thing in my case. She said that she will make a request to the contractor to get my case pulled out].
2. Has my case been picked up by an IO or is it still waiting in the holding area? If it has been picked up by an IO, nothing you can do except filling out 7001 form. If it has not been picked up by an IO, ask on the phone if an email can be sent to him advising that your case is current and waiting.
So, broadly, your goal should be to get your app moving from state 1 to state 3. Once an app lands on IO desk, it will take between 10-30 days to get it approved.
Hope this helps.
more...
rakesh_one
05-10 10:09 AM
My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if
>she can file 485 by being in F1 ?
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
>What will be her status when she starts using EAD if she filed being in F1?
>she can file 485 by being in F1 ?
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
>What will be her status when she starts using EAD if she filed being in F1?
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Saralayar
01-06 05:41 PM
Ahuja,
Why do you even need a GC, my friend. Stick with H1B visa. the only difference between GC and H1 is independence of employer and why do you even bother about it. You can always get a job where you want, buy a house now, sell it tomorrow, then after 6 years, go out for a year, come back on new H1.
As I said, people here are highly motivated and do want to follow the rules and achieve bigger things in lives, creating value in the process. But not many are willing to wait for 5 more precious years, after your greencard takes 10 years. Or 15 years on GC and 5 years for Citizenship. Once you work very hard, then you tend to ask for the right fruit, not just take anything.And whatever the Citizenship requirements are.. they will be met while waiting for theis damn GC..
I am just hitting at the attitude.. not person.. sorry...
Assume your school makes your 4 year course extended to 6 years and in the process makes you do a lot more..What do you ask at the end of it. 4 year degree or a 4+2 year degree.. .something similar..
Remember the lambi race ka goda.. He didnt pick the coin tossed at him.. anyone.. which movie.. ???
Very well analyzed response. Atleast now those 2 guys start thinking about it in a different way.
Why do you even need a GC, my friend. Stick with H1B visa. the only difference between GC and H1 is independence of employer and why do you even bother about it. You can always get a job where you want, buy a house now, sell it tomorrow, then after 6 years, go out for a year, come back on new H1.
As I said, people here are highly motivated and do want to follow the rules and achieve bigger things in lives, creating value in the process. But not many are willing to wait for 5 more precious years, after your greencard takes 10 years. Or 15 years on GC and 5 years for Citizenship. Once you work very hard, then you tend to ask for the right fruit, not just take anything.And whatever the Citizenship requirements are.. they will be met while waiting for theis damn GC..
I am just hitting at the attitude.. not person.. sorry...
Assume your school makes your 4 year course extended to 6 years and in the process makes you do a lot more..What do you ask at the end of it. 4 year degree or a 4+2 year degree.. .something similar..
Remember the lambi race ka goda.. He didnt pick the coin tossed at him.. anyone.. which movie.. ???
Very well analyzed response. Atleast now those 2 guys start thinking about it in a different way.
more...
stxvr
07-13 03:45 AM
http://www.ibnlive.com/videos/44667/immigrants-refused-green-cards-take-to-gandhigiri.html
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BharatPremi
03-26 10:47 AM
I understand your frustration. I have heard similar things from employers about hiring people on H-1B.
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
more...
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vsrinir
09-12 12:43 PM
They are stated opposite compaign and calling congress to oppose this bill H.R.5882
http://www.borderfirereport.net/latest/house-leadership-wants-to-give-half-million-jobs-to-foreign-workers.html
http://www.borderfirereport.net/latest/house-leadership-wants-to-give-half-million-jobs-to-foreign-workers.html
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shantak
07-10 10:03 PM
http://www.nytimes.com/reuters/washington/politics-usa-immigration-indians.html?_r=1&oref=slogin
more...
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prabasiodia
09-29 03:57 PM
They went from 2nd to 3rd level and from parents to children too. :D
The new link is: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
looks like uscis figured out that we r accessing the backlog data that they did not yet publish...... they pulled down the pdf document
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
this link is not working now.
The new link is: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
looks like uscis figured out that we r accessing the backlog data that they did not yet publish...... they pulled down the pdf document
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
this link is not working now.
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imv116
06-12 11:14 AM
U.S. Department of Labor can be a good place to start with the first complaint.
Link: http://www.dol.gov/esa/whd/america2.htm
Link: http://www.dol.gov/esa/whd/america2.htm
more...
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fcres
07-31 03:44 PM
1. If a Receipt Number is issued for a I-485, does it necessarily mean that the case won't outright be rejected for a missing document/ evidence, but instead an RFE will be issued?
2. When a receipt number is issued for a I-485, and if we send out the missing document/initial evidence using the allocated A#, is there a good likelihood that the evidence/document will make it to the appropriate file?
Answers to these will help make a decision on filing multiple I-485's where the first I-485 missed some initial evidence.
Thanks!
One more thing: I was about to make another private consultation call today. I pledge contributing $200 if I find a concrete answer to this issue without having to consult one more lawyer.
My laywer ( a known one, but not the regulars here) also didn't include EVL. When i asked him about it, he said whether we include it now or not, they will issue an RFE at the time of adjudication. I was content with that, but after reading about it more here, i pressed him again about the issue and the new memo. He said he does not foresee a denial because of this, but if i'm worried we will send the EVL along with a cover letter and the RN. But filing another 485 is not advisable. I'm working on the EVL, and once he is less busy after Aug 17th i will ask him to send it. And i hope it will make it to the right file if we include the RN and A#, just like replying to an RFE.
btw, to answer #1, i did get RN so i would think the case may not be outright rejected for missing evidence. I did FP and my LUD was changed for 485 and 131. I filed 765 later and that also has an LUD after FP.
2. When a receipt number is issued for a I-485, and if we send out the missing document/initial evidence using the allocated A#, is there a good likelihood that the evidence/document will make it to the appropriate file?
Answers to these will help make a decision on filing multiple I-485's where the first I-485 missed some initial evidence.
Thanks!
One more thing: I was about to make another private consultation call today. I pledge contributing $200 if I find a concrete answer to this issue without having to consult one more lawyer.
My laywer ( a known one, but not the regulars here) also didn't include EVL. When i asked him about it, he said whether we include it now or not, they will issue an RFE at the time of adjudication. I was content with that, but after reading about it more here, i pressed him again about the issue and the new memo. He said he does not foresee a denial because of this, but if i'm worried we will send the EVL along with a cover letter and the RN. But filing another 485 is not advisable. I'm working on the EVL, and once he is less busy after Aug 17th i will ask him to send it. And i hope it will make it to the right file if we include the RN and A#, just like replying to an RFE.
btw, to answer #1, i did get RN so i would think the case may not be outright rejected for missing evidence. I did FP and my LUD was changed for 485 and 131. I filed 765 later and that also has an LUD after FP.
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rubaru
10-15 04:42 PM
Yes ndialani,i waited for 6 month which i did because i don't know I140 premium started from June 2009(For most the cases).They started in Feb 2009 but its applicable to some limited cases).
May be i would have moved it to premium if i knew in June.Some of the options which i would have tried during that 6 months period was InfoPass,Senator,Ombudsman etc but wasn't very serious about 140 as i thought it may take some years for gc(since the dates very moving very slowly at that time).
Thanks,
May be i would have moved it to premium if i knew in June.Some of the options which i would have tried during that 6 months period was InfoPass,Senator,Ombudsman etc but wasn't very serious about 140 as i thought it may take some years for gc(since the dates very moving very slowly at that time).
Thanks,
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Libra
07-10 08:03 PM
yup i know, am sorry.
They are talking about 7 Eleven conversion to kwik E mart. Looks like you got the wrong piece of information.
They are talking about 7 Eleven conversion to kwik E mart. Looks like you got the wrong piece of information.
suriajay12
03-12 07:33 PM
Sri,, well written.. I am sending this to change.gov now. Its better you create a new thread else many will miss this letter on page 10. Any updates must mention that the letter is in page 10.
sundarpn
01-22 07:48 PM
FYI to those who have been affected.... I found the below when searching the internet about this PIMS verification. Looks like AILA is working to improve this system.
AILA members should report any delays greater than 48 hours attributed to PIMS to reports@aila.org, SUBJECT: PIMS Delays. Please see InfoNet Doc. No. 07121070 for more details. Such reports will enable the committee to present any evidence of widespread problems if they exist.
AILA members should report any delays greater than 48 hours attributed to PIMS to reports@aila.org, SUBJECT: PIMS Delays. Please see InfoNet Doc. No. 07121070 for more details. Such reports will enable the committee to present any evidence of widespread problems if they exist.
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