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  • garybanz
    11-02 04:25 PM
    I will repeat again that I said earlier.

    Again, do not quote some lawyer's opinion on this issue from his/her website.


    Papu,

    The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.

    It would be really great if IV can contact USCIS and get an official guideline on this topic.

    Thanks.





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  • smuggymba
    04-22 12:40 PM
    If this "clothes" thing is used by the cops, the illegal immigrants will start wearing "legal types" clothes and then there will be chaos...ROFL.


    Check this out: Brian Bilbray, GOP Rep., Claims Clothes Identify Illegal Immigrants (http://www.huffingtonpost.com/2010/04/22/brian-bilbray-gop-rep-cla_n_547710.html)



    "trained professionals" can identify undocumented workers just by looking at their clothes......"They will look at the kind of dress you wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes," Bilbray replied.

    How long before we are targeted based on this rationale (our traditional dresses are easily recognizable!!) ....... These policies will only spiral in the wrong direction, making every immigrant's life miserable - be it legal or illegal!!!





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  • akred
    07-14 11:05 PM
    What was 245(i) amnesty?...just curious

    Section 245(i) is a part of the INA. In 2001, this section was updated to allow people present illegally to submit a labor certification. This resulted in the DOL getting 6 years worth of applications in April 2001. These applications led to the establishment of the Backlog Elimination Centers and the PERM process. The applications filed 6 years ago are still being processed by the DOL.

    Btw if you do not support DREAM ACT than you shouldn't be on this forum...

    At this point I am neutral on the DREAM act. Before I can support the DREAM act you need to prove how it helps children of legal immigrants. I suspect there is more to your story than you are letting on. If you are 21 now, you would have been 19 in 2005 and well able to understand the consequences of becoming an illegal immigrant. As someone said the F1 was an option if you wanted to maintain legal status.





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  • tonyHK12
    11-14 11:58 AM
    This is their projection for coming months:
    ---------------------------------------------------

    Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
    Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second:

    China: none to two weeks

    India: no movement

    Employment Third:

    Worldwide: three to six weeks

    China: one to three weeks

    India: none to two weeks

    Mexico: although continued forward movement is expected, no specific projections are possible at this time.

    Philippines: three to six weeks

    Deja Vu!!!



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  • fide_champ
    04-13 08:39 AM
    Today is friday and 13th, anything can happen. Let's wait for miracle...

    are you hoping for any virus to corrupt their system and change everything to current?





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  • fightretro
    04-01 06:21 PM
    Sent fax # 10 and 11



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  • lost_in_migration
    05-29 04:40 PM
    Genocide is what is left maybe

    They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .





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  • Ramba
    08-08 12:22 PM
    Guys,

    I am also in somewhat same situation. So thought of sharing it in this thread.
    I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.

    But this question often hunts me...

    1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??

    2. HOw long does it take to notify USICS to withdraw my 485...??

    Thanks in advance..

    0.0001% chance that your 485 will be approved when your PD is not current.
    Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.



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  • jchan
    06-05 09:46 AM
    I found some things in our favor:

    1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
    2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
    3. Once you have an approved I-140, you will never be subject to H1B cap:
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    ....
    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.

    The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?





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  • bkam
    04-12 08:25 PM
    Stucklabor,

    As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.

    If the amendments pass, forget for this idea.



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  • paskal
    06-19 11:51 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions

    Please consider joining this group
    see link below





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  • ramus
    06-20 06:16 AM
    Congratulation...

    I hate to see you leaving, you need to fight for others. Who knows somebody close to you might get stuck in this mess. IF everybody leave just because they got what they need than its not fair. If you think IV has helped you in any way then each of us put some effort to help IV and its members.


    Again congrates and hope you become more active in coming days.

    Thanks.



    Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D

    --------------------------------------------------------------------------------
    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: LIN0XXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On June 19, 2007, 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 you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.

    Sincerely,
    The U.S. Citizenship and Immigration Services (USCIS)
    -------------------------------------------------------------------------------

    PD- Dec 2002, I485-RD- Dec 2003.



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  • HumHongeKamiyab
    11-09 04:30 PM
    Filed on 12th july to TSC. Received I 485 receipt, EAD and AP for both me and my wife but no FP notice. My PD is Aug 2003 - EB3 India





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  • rolrblade
    03-17 08:41 AM
    Engrr:

    What has happened here is extremely unfortunate. What I would recommend is that you file a new PERM application. You could appeal the decision, but considering the complications of your course work and degree, it would be an uphill fight. In your appeal, I dont believe that the case would have much merit if it fought purely on the basis of your attorney saying that "he marked the incorrect box".

    Good luck!



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  • sledge_hammer
    02-27 05:11 PM
    Well my friend, don't bring your pretentious "I'm-so-great-I'm-non-judgemental-oo-la-la" BS here. If we don't make it clear in our replies that we do not condone any actions that break the law, we are just making it easier for anti-immigration people to easily point fingers at us and claim we are all drug peddlers or criminal.

    I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.

    As for you 24fps, think before you type!

    I think its pretty immature for members to draw moral judgments and post those remarks here, all thats required is to tell the OP that this forum is for redressing Legal immigrant based issue (primarily dealing with the Green-Card delays etc), to tell the OP to take her "sob story" or " not being sorry" and pulling up moral judgments is just plan immature, period.





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  • axp817
    04-06 03:09 PM
    One way of thanking IV is by making a donation, so that IV can continue to help others like you.

    just a thought.

    Good luck with your situation.



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  • raydon
    10-12 10:46 AM
    It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
    Their managers pushed for labors subs for them and nobody even objected because it was legal!

    And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.

    Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.

    I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.

    For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.

    Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)





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  • mirage
    05-17 09:51 AM
    I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....





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  • dartkid31
    05-25 12:06 PM
    Canada has the stupidest immigration policy from the standpoint of policy maker if you ask me.

    Dont get me wrong. It works great for us. For the immigrant. You get greencard on an independent petition(self-petition) and adjudicated based on points. And there is no numerical cap.

    Guess what? It works great for everyone in the world, everyone has flocked there and caused and over supply of labor and 9% or higher unemployment. The way they count unemployment is also very Enron-like. They dont count people receiving unemployment benefits as unemployed. And then Jim Volpe will post on website "Canada has unemployment rate of 5-6%".

    Anyways, if you want to immigrate to a country, you want to go where there is low unemployment. That is the biggest criteria for choice. USA's system HAS HUGE FLAWS. The employer petition-system creates a breeding ground for exploitation and the numerical cap is too low that results in delays that are unbearable. And yes, the DOL has come really close to making people commit suicide because of labor backlogs. But then, only the employer petition system can actually give greencards to THOSE WHO CAN SURVIVE and get jobs in the economy and not give greencards just because they scored points.

    I know I will receive a lot of flak as I have before, and I wish there was points based system here in USA too with self-petition option like Canada, but trust me, if that happens, then this country will be full of people with greatest points,(obtained thru fake degrees and Ph.Ds from the whole world) and really really make the nightmares of NumbersUSA and FAIR become true, and it wont be worth living.

    US systems needs major rework and increase in quota and increase in efficiency at USCIS and DOL. But getting rid of employer petition is going to make USA like Canada where Ph.Ds and doctors drive cabs and work in restaurants, but every one of those doctors and engineers would have greencard in 1 year.


    There is a simple solution to the labor over-supply problem you mentioned above. How about making it a requirement to have a job or job offer in your field before you are allowed to apply. That way, the over-supply problem is solved, and the exploitation factor removed as well. And to weed out the fake graduate degrees, they could require that the degree come from a US school. I think most lawmakers would agree with me, and thats why they have written similar language into the underlying bill, although only for STEM's. Your main arguement (over-supply) would be irrelevant if those conditions were applied.





    sreeni.k
    11-03 02:49 PM
    Its christmas time in vacation.. they want less work not more- my guess is it will be set back by couple of years- ..May be they think other way around; Christmas gift - move it forward by couple of years. :mad:





    laborday
    07-17 10:36 AM
    I also can't see the updated processing time for TSC

    Can you tell me the processing time for i140 Skilled and professional worker
    thanks
    I-140 Immigrant Petition for Alien Worker Skilled worker or professional January 13, 2007



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