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Sunday, June 26, 2011

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  • ps57002
    10-11 05:25 PM
    Wish I could say something to help those who missed feel better. I was fortunate. My PERM (atlanta center which is another slow goer but nowhere like BECs) got approved on Aug 14. I filed aug 17 but don't think I submitted all needed docs due to unavailabilty of some. I saw some people at Atlanta center wait for much longer than PERM should take and they gave up. My heart goes out to everyone. We do need to become involved with IV...be it those who are ahead in the game, be those stuck in Atlanta PERM, be those stuck in BEC and/or coming out of it now. Each and every person must join so as to fix this broken immigration system. People are stuck in differnet stages and it's not fair, so do get involved and help IV in helping you.





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  • nave_kum
    07-27 09:33 PM
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=3411020351&r=4691050351#4691050351

    Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?





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  • kode
    02-03 06:22 PM
    lol .. it's true !! :P

    i didn't see it before .. :crazy:





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  • Macaca
    08-31 09:06 PM
    I cant seem to open the article. Are others having the same problem?
    Yes, it does not work sometime. Keep trying!

    I have posted the article in News Article thread



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  • GC08
    09-01 06:55 PM
    I don't know why some people here are taking this work based immigration here as an all out war. As it is, working and staying in the US or any other country for that matter by foreigners is a priviledge, not a right. No one forced us to come here, we came here on our own free will.

    Regarding the description of discrimination of job based on country, that's rather ridiculous. There is no discrimination when one has the right to work and live in the country, that doesn't mean that anyone from any country can just come here and work with or without authorization and say it's discrimination. How about the many Indian companies who hire only Indians? Aren't they practising discrimination and fraud? They don't even bother to try to find qualified people in the country, rather they just issue H1Bs right way to Indian nationals only by just declaring a bogus "can't find qualified people in the country"

    If we want good things to happen to us, we should be fair and not misuse and violate the laws of the country. We all have a choice, we can either stay here and be honest and follow the laws and rules of the country, or if we don't like the way things are here we can just go back home.

    Sorry to be so honest, but I am tired of every other person cribbing about being victims. Looks like everyone wants to be a victim of something, it's time we take personal responsibility. If we don't like it here in the US, we have the choice to go back home. No one is forcing us to stay here.

    Thanks.

    Seriously I agree with you 90%. We should follow the rules and there are definitely companies and persons abusing the system. And these type of persons sometimes themselves were once immigrants waiting for green cards.

    The 10% that I do not agree with is associated with the reality of working in a country for so long (6 or 7 years) but still not getting the green cards.

    You are right that nobody force you to come here. But you decison to come here is based on certain assumptions (such as getting a green card within a reasonable timeframe and in an orderly way). But because of the chaos of the whole green card thing right now, you may not be able to get your green cards within a reasonable timeframe that you had planned, not because you screwed up (say changing the employer or making a huge mistake in your work). Rather it was either your employer or those government agencies screwed you up. I think it is really the chaotic situation, where honest, hard-working people who patienly wait in line are not getting what they deserve, that make people mad.
    Everyone probably can think of many examples of such "unfairness". Truth is that the situation has come to a boiling point that people can hardly stand any more, esp. when the July VB fiasco happened.

    To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.





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  • prem_goel
    05-29 09:44 PM
    Guys, along with the vote, it'll help if you post some comments too! You may have to register but its a 2 min process. I am hoping this gets seen by the people in .org.



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  • vamsi_poondla
    11-19 10:26 AM
    As we all know, the Housing crisis in US is getting worse day by day, with the inventory of houses available for sale increasing, and buyers not willing/able to buy those houses.

    Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.

    Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.

    Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.

    If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.

    This is something for the US law makers to ponder.

    LOL (sorry)





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  • file485
    01-08 03:09 PM
    Hello all..

    In what circumstances does the USCIS issue a H1B approval without the i194 reciept in the bottom..?

    that will be a worse scenario if we have to leave the country and face that stupid Madras embassy(my worst nightmare..) for the H1 stamping...!!

    I don't want to fall from the pan into the fire..!!

    I think in these cases it will be an Change of Status situation..

    pls post your comments...



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  • aj_jadeja
    07-07 07:24 PM
    i saw it on TV . there is 10 ot 15 sec clip of some one asking Condoleezza Rice about this fiasco . which program was that on nbc ? any one has any info on it ?





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  • wellwishergc
    04-12 07:57 AM
    Thanks werc, for this posting.. It makes things very clear!!!

    The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.

    Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.

    ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.



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  • longq
    12-29 04:35 PM
    You might have to define what the word "is" is ;-)

    Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"

    One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.

    Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.

    I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.

    Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.

    The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.

    In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.





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  • sapota
    10-11 05:02 PM
    bcos I was there stuck at BEC with no result in sight for 4 years.

    My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.

    I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.



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  • gcganapati
    05-29 09:46 PM
    Guys ,

    Please vote yes and leve some comments





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  • eb3retro
    04-12 11:48 AM
    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.


    very nice analysis.



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  • spindoctor
    07-19 05:47 PM
    Hi all legal eagles, advice please

    My case is quite complicated. Here is my situation.

    (1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
    (2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
    (3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
    (4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
    (5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
    (6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
    (7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.


    Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.

    But the risk in this plan is that
    (1) By the time she is back in US the dates may retrogress again.
    (2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.

    Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.

    Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.

    And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?





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  • chanduv23
    10-10 07:32 PM
    SWITCH

    S-SATYAM
    W-WIPRO
    I-INFOSYS
    T-TCS
    C-COGNIZENT
    H-HCL

    IS that what this means?



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  • Sheila Danzig
    02-25 01:52 PM
    I see this all the time. An RFE for one thing (usually like yours - accreditation of the PGD or Masters degree) and then a denial based on the 3 year bachelor's. I tell clients to cover the bachelor's degree when they get the first RFE.

    With regards to the Masters equivalency - USCIS has objected to the Masters if preceded by a 3 year bachelor's degree. However, properly evaluated with reference to an unpublished AAO decision (not legally binding on its own but very powerful) we have seen these cases approved.

    The link to the AAO decision for the 3+1 being equivalent to a US bachelor's degree is NOT relevant. In that case the 1 year bachelor in education required the 3 year bachelor for admission so it was not considered combining. Much like an associates degree is required for admission to a bachelor's degree so that is not combining. (We use that theory when working with a 2 year bach + 2 year masters, generally from PK).

    If you want I can review the case for you at www.cciFree.com - you can file an MTR. And if you end up in the appeals office the previous AAO decision should hold up there.

    Here is the link:
    http://www.murthy.com/news/n_combdg.html

    Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?

    I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.

    Good luck!





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  • Gravitation
    08-01 09:37 AM
    Just become a waiter to master the waiting skills. :)

    Wait for PD to be current
    Wait for RD
    Wait for ND
    Wait for EAD
    Wait for AP
    Wait for AC-21
    Wait for FP
    Wait for GC
    Wait
    Wait
    Wait
    Wait


    And again wait.





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  • Eagle
    12-01 04:50 PM
    Thanks Santa for your reply.

    I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.

    Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.

    In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.

    Please advice if I need to do something different this time.

    Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.





    casinoroyale
    08-26 02:28 PM
    No, it is not mandatory, but I suggest your renew it if you do not have H1B visa so that you can have it readily should a need arise to travel in emergency.

    My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?

    Thanks in advance.
    Ram





    help_please
    07-13 11:14 PM
    :confused: I found the information regarding both the senate and house bills on AILA's website. From my understanding, they are going to attach this version of the bill...hopefully, without any changes. I'm keeping my fingers crossed. :)



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