sushilup
07-11 12:49 PM
issue one year EAD and milk more money
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
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Michael chertoff
03-10 12:33 PM
coolman ship,
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.
still I have to use AC21 or it is OK?
i dont want to use AC21.
Thanks
MC
cps060
01-31 04:27 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
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nomi
12-11 02:48 PM
Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.
http://en.wikipedia.org/wiki/Rulemaking
Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.
I think we should study that how does USCIS make new rule without going into Congress and then see how can we implement this rule or atleast ask them to consider this option.
more...
Hassan11
03-18 01:00 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
webm
04-07 05:01 PM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
First of all Congrats!!
BTW,what is your 485 RD and processing center??
PD Sep 2001
EB3 India.
First of all Congrats!!
BTW,what is your 485 RD and processing center??
more...
sparky_jones
03-12 08:30 AM
This once again proves that most of the popular immigration attorneys and other parties claiming to have "inside" information really don't have much more access to information than the rest of us.
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rajuram
01-25 08:25 PM
There is 500 character limit on the white house web site. I just send simple message saying that USCIS has wasted lot of visas in the earliers due to inefficiency and that they should be recaputred. And that it is causing lot of hardship to well educated people who are here legally.
Sometimes I send a different message (which agrees with new presidents policy about FOIA), I ask the president to get USCIS to disclose pending applications per year per category per country.
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
Sometimes I send a different message (which agrees with new presidents policy about FOIA), I ask the president to get USCIS to disclose pending applications per year per category per country.
Hello rajuram;
We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.
Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.
As DallasBlue mentioned to add three items in the email/letter for administrative fixes.
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
more...
Kodi
04-02 10:15 AM
bump
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alex99
07-07 08:27 PM
Request More Eb3 Guys To Participate......
Please....
Please....
more...
go_gc_way
12-31 04:28 PM
Just an update .. Following in following websites have posted with classifieds.
I am looking forward to more participation or other ideas from other Members ... or it's better I close this thread :)
Suggest ,comment or post a classified in a web site you know.
Following regional web sites have been posted with claissfied. Catch you folks later.
1)New York
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta .....................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
35) St. Louis ...................www.myilaaka.com
I am looking forward to more participation or other ideas from other Members ... or it's better I close this thread :)
Suggest ,comment or post a classified in a web site you know.
Following regional web sites have been posted with claissfied. Catch you folks later.
1)New York
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta .....................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
35) St. Louis ...................www.myilaaka.com
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tapukakababa
07-18 11:30 AM
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
see my earlier post
We will just have to wait and see till our checks get cashed!
see my earlier post
more...
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kondur_007
07-12 04:30 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
This is simply the explanation as to why will EB2 India get a huge number and not so much for EB2 China (so when year end statistics come out, there would not be too much noise about why EB2 India got several thousands of visa numbers more than any other category).
Indication that EB2 India will get huge numbers...this is just explanation as to why:)
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srkamath
07-18 07:07 PM
My guess
Best case : 12 months
Worst care : 4 years
sachug22,
I agree with your initial post on this thread. In all likelihood, we will end up with ~ 50k - 55k, EB3s issued this fiscal.
Last year they issued ~ 6200 EB2-IN, and dates progressed one-year.
Considering the EB1 spillover plus the FB spillover, we will have ~ 15k - 20k available for EB2 In/CH for use in Aug/Sep08. If the USCIS does its job well, then that should be enough to propel EB2-IN dates forward by two-years April-04.
I believe a sizeable number of applicants with PD before Jun-06 will get their GCs approved before Sep-30-2008.
I know my case is stuck in background checks, hopefully it is past 180 days - i have no way of knowing.
I will be excessively anxious (like most others here) till Aug 1st week, if there is a deluge of approvals - good i'll probably get more anxious.
If there is only a trickle, i'll forget the whole Aug VB and go back to my plan-A (i.e. forget the GC and get on with living).
EB2-IN, PD Oct-28-2007
Best case : 12 months
Worst care : 4 years
sachug22,
I agree with your initial post on this thread. In all likelihood, we will end up with ~ 50k - 55k, EB3s issued this fiscal.
Last year they issued ~ 6200 EB2-IN, and dates progressed one-year.
Considering the EB1 spillover plus the FB spillover, we will have ~ 15k - 20k available for EB2 In/CH for use in Aug/Sep08. If the USCIS does its job well, then that should be enough to propel EB2-IN dates forward by two-years April-04.
I believe a sizeable number of applicants with PD before Jun-06 will get their GCs approved before Sep-30-2008.
I know my case is stuck in background checks, hopefully it is past 180 days - i have no way of knowing.
I will be excessively anxious (like most others here) till Aug 1st week, if there is a deluge of approvals - good i'll probably get more anxious.
If there is only a trickle, i'll forget the whole Aug VB and go back to my plan-A (i.e. forget the GC and get on with living).
EB2-IN, PD Oct-28-2007
more...
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eager_immi
07-24 07:09 AM
A guy with visa #current in June, his check got encashed.Guys, check this thread out. sanjay is saying he got his checks cashed.
http://immigrationvoice.org/forum/showthread.php?t=10994&highlight=cheque
http://immigrationvoice.org/forum/showthread.php?t=10994&highlight=cheque
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mbawa2574
02-15 02:06 PM
http://www.workpermit.com/news/2007-05-16/us/h-1b-visa-outsourcing-abuse-investigation.htm
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
more...
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quizzer
08-15 03:59 PM
Sep visa bulletin better than expected for EB2
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eager_immi
01-18 11:15 AM
Signed up for $20 a month. Have contributed $300 earlier.
Thanks
Thanks
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diptam
07-24 11:14 AM
Guys,
I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.
If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.
Thanks,
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.
If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.
Thanks,
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
pappu
11-20 01:09 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
Rakson
03-17 04:40 PM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
>>>Check your Perm Labor Section F column 2
My Question is>>
My case was filed using labor substitution. How can I find this info?
Thanks!
Rakson.
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
>>>Check your Perm Labor Section F column 2
My Question is>>
My case was filed using labor substitution. How can I find this info?
Thanks!
Rakson.
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