mpadapa
02-12 09:39 AM
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
wallpaper no es un truco - es amor
GCInThisLife
07-19 03:07 PM
Thanks. she is still working for the same employer who sponsored her H1. Now, she needs to continue maintaining relation and continue working for them.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
stucklabor
04-12 12:39 PM
Guys, these are all good suggestions.
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
However, it is a fact that EAD/AP etc are given in certain circumstances only. Eg to students on OPT, applicants for Adjustment of Status etc. I dug through INA and it specifically says that the Attorney General shall provide Work permits to applicants waiting for Adjustment of Status applicants. I don't have the time to dig through again and provide a reference, but in any case:
USCIS can't just go give EADs to whomever they please. Legislation is required to authorize these benefits. Students are allowed to work on OPT because Congress legislated that they may, not because USCIS thought it was a good idea.
The bigger point that I am trying to make is that whether we get EAD/AP as a derivative of I485 filing even with retrogression, or as a beneficiary of an approved immigrant petition, is immaterial. Legislation is required to bring about these changes.
If you think about concurrent filers in situations where USCIS takes a long time over immigrant petitions, then you are better off with EAD/AP being a benefit of 485 filing rather than waiting for the I140 approval. You get EAD/AP in a couple months instead of waiting for i140 approval then filing for EAD/AP.
At this point, I am going to go back into hibernation. Thanks.
BTW, please don't quote a whole post if all you are going to say is "I agree".
2011 no se si es amor - timbiriche
punjabi
09-19 08:06 PM
Anna,
This is childish. Sorry!
LOL!
Funny that I am not upset at your questions, but are you really serious??
What were you thinking all this time when the rally was going on? Did you really think the lawmakers would sit together over a dinner yesterday and hand over a favorable decision in the breakfast next morning?
Just wait! If we don't get something favorable, we will do MORE and BIGGER.
...and next time, we'll also pick you up to the rally to carry our autograph books...hehe..just kidding.
This is childish. Sorry!
LOL!
Funny that I am not upset at your questions, but are you really serious??
What were you thinking all this time when the rally was going on? Did you really think the lawmakers would sit together over a dinner yesterday and hand over a favorable decision in the breakfast next morning?
Just wait! If we don't get something favorable, we will do MORE and BIGGER.
...and next time, we'll also pick you up to the rally to carry our autograph books...hehe..just kidding.
more...
andy garcia
06-05 01:09 PM
(d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
map_boiler
11-06 12:02 PM
I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
more...
gc28262
02-21 08:06 AM
ICE do site visits to investigate employers. It happened to one of my former colleagues. What officer did was to verify that he was a genuine H1B employee. The officer visited his manager at client's place and verified his duties.
However I haven't heard an officer visiting one's home.
However I haven't heard an officer visiting one's home.
2010 eso no es amor.
acecupid
06-02 06:39 PM
what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?
Where did you read the new text ?
Where did you read the new text ?
more...
abqguy
04-20 12:30 PM
I like this. Simple and straight to the point. Will use this as a template and make changes. Thank you.
hair El verdadero amor no es el que
Mr. Brown
11-30 04:31 PM
Most of the EB2's are very happy with the bulletin (which they should be) but I also see most of them are non-donors (or the free riders).
Thanks IV as always for the updates and keeping the hope alive.
Agreed that I haven't contributed (yet) but that's a mighty big acquisition from your end on calling all of us EB2's free riders without any considerable data to prove it.
I think it's within our best interests to remain united until things are straightened up but I sure can understand your bitterness and hope the best for you too.
Thanks IV as always for the updates and keeping the hope alive.
Agreed that I haven't contributed (yet) but that's a mighty big acquisition from your end on calling all of us EB2's free riders without any considerable data to prove it.
I think it's within our best interests to remain united until things are straightened up but I sure can understand your bitterness and hope the best for you too.
more...
peacocklover
08-03 07:24 AM
Yes, I agree.. those roaches need to be crushed down with good governance..Unique Identification Authority of India (UIDAI (http://en.wikipedia.org/wiki/Unique_Identification_Authority_of_India)) project is the first step of that process to have transparency to credit system, risk assessment, tax accountability, govt spending, crime control and so many others.. ... I think it will be a reality in next few years. similar development perspective is up with china now..they increased domestic consumption rather focusing only on exports..
US needs revise this per country limit based EB immigration policies to stop reverse brain drain otherwise it will be loose the talent and the edge in research power which is the heart beat of US economy..
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
US needs revise this per country limit based EB immigration policies to stop reverse brain drain otherwise it will be loose the talent and the edge in research power which is the heart beat of US economy..
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
hot quot;amor no es Aquello Que
rongha_2000
07-17 10:02 AM
Better to get a band-aid than leave the injury open and bleeding.
I hear what you are saying. I am just saying this is a band aid solution.
jasquil
I hear what you are saying. I am just saying this is a band aid solution.
jasquil
more...
house MARGA LOPEZ - EL AMOR NO ES
ItIsNotFunny
06-26 02:52 PM
Brahmam and Company -
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
I personally see no issues with what he asked. He just wanted to know more authentic place to get passport pics. May be his English was not matching with yours.
This is the height of Frugality sir :eek: . Contribute something to this society instead looting(??) everything from here and wiring to Bank of India or whatever:p .There should be a limit to this nonsense questions to be posted for Members to Read and Answer. Please grow up in life.Few Dollars here and there will not make this World upside down nor will it buy huge real estate lands in your Place. Also, buy Trash-bags for throwing Trash instead of use Walmart plastic to throw into Dumpsters.Some in my Apts do that all the time inspite of Property Managers advising against doing it.you fall in this Category.
To answer your Question, Walmart is the cheapest for anything .Period.Why?? Please see this Documentary 'Wal-Mart: The High Cost of Low Price '.
I'll give you the last call to burn your ego.:cool:
- Shalom
I personally see no issues with what he asked. He just wanted to know more authentic place to get passport pics. May be his English was not matching with yours.
tattoo Mi amor no es amor de mercado,
makemygc
08-21 10:55 AM
Who'z OP?
Original Poster (OP)... a lingua franca for forums..
Original Poster (OP)... a lingua franca for forums..
more...
pictures es un amor
werc
04-11 01:02 PM
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.
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.
dresses No dirá que es amor
irock
08-05 09:46 PM
PD : Aug 2004, EB2, NSC
I-140 Approval Date :Jun 2007
I-485 Received Date : 07/26/2007
Name Check: Don't know. I've infopass on this Friday.
Gave Finger Prints.
I-140 Approval Date :Jun 2007
I-485 Received Date : 07/26/2007
Name Check: Don't know. I've infopass on this Friday.
Gave Finger Prints.
more...
makeup Dios es amor (“El que no ama,
Green.Tech
06-19 12:31 PM
Those who have been affected by this, please come forward; your stories are the most important piece of the puzzle to get this effort going.
girlfriend Cuando El Amor No Es Locura No
downthedrain
02-18 04:39 PM
another LUD today for me 02/17
Another LUD 02/18...probabaly another RFE
Another LUD 02/18...probabaly another RFE
hairstyles Dona Macabra/El Amor No Es
bkarnik
04-10 08:29 PM
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
tikka
07-06 03:41 PM
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
DUGG
DUGG
buehler
06-19 08:00 PM
I doubt there is some thing like range fixed for lawyers. They can charge what ever they want. Asking those Q's will only cause more resentment than any thing else.
Yeah. We're not supposed to ask Questions like why are you charging me 3 times what other are charging? You are kidding right!!!
In this country, you have got to stand up for what you want. No one is going to give it to you on a platter.
Yeah. We're not supposed to ask Questions like why are you charging me 3 times what other are charging? You are kidding right!!!
In this country, you have got to stand up for what you want. No one is going to give it to you on a platter.
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