Thursday, July 14, 2011

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  • apb
    08-16 01:04 PM
    Provided there is a separate check associated with that. If 485 is not filed your EAD/AP application will be rejected. Once your date becomes current CHANGE your lawyer because from my understanding of your situation either your lawyer is ignorant or he/she has pathetic attitude towards your case.





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  • EdenMN
    02-19 05:04 PM
    As we know this bill won't surive due to current economic conditions...How about making it attrcative by adding 5k fees if person wants GC staying more than 5years





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  • paulavijit
    03-17 09:03 AM
    Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.

    Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.

    So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.

    There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.





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  • dehradoon
    08-16 06:13 PM
    Because you guys are not as clever as EB2s.

    you sir, certainly are not as smart to file in EB1. more ever its not about being clever it can sometimes also be a company policy, the exp, the qualification. There are plenty to shops that do not entertain EB2. EB2 or EB3 hardly makes a difference at professional level. Its only a counter in GC.

    Once this is all over, an EB2 case just might be reporting to an EB3 Manager.

    Please do not post comments like this, everyone is in this for a cause, You did not make a first impression as a concerned member of IV and since you are here the cleverness is itself proven.



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  • miapplicant
    09-10 03:25 PM
    Someone please confirm...





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  • VivekAhuja
    07-14 05:57 PM
    Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.



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  • piyu7444
    01-31 04:39 PM
    Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.

    She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    Thanks a lot Desi3933. I dont have words to thank you...

    Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.





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  • ingegarcia
    02-15 04:40 PM
    How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
    Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.

    This is not true otherwise EB3 ROW would not be in 2005.



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  • bheemi123
    10-03 01:33 PM
    My wife is on L-1 currently and has an approved H-1b petition from company B which is a "change of status" effective October 01.

    We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.

    What other options do we have?

    Thanks

    that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....





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  • harshalx
    04-14 01:00 AM
    To get rid of these problems which we face with untrustworthy consultants I've started http://www.goolti.com

    <a href="http://www.goolti.com">http://www.goolti.com</a>

    where you can read/write reviews about Desi consulting companies.



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  • vshar
    08-10 09:32 PM
    Most of the Eb3's are either working for big companies who won't do GC in EB2 or not qualified for eb2 ( so called 3 year degree ) and enjoying all these years when they know clearly eb3 is not going any where ...what in the world prevent them to move up the ladder and porting their PDs ...They dont want to take any risk and just show their frustation in internet forums

    As some one in the forum quoted "There is a path of joy and there is the path of pleasure. Pondering on them, the wise (eb1 ,pre-approved labor and eb2 inorder ) chooses the path of joy; the fool takes the path of pleasure."

    So dear Mr. pathfinder, could u suggest me a �BETTER" path if I have 3 years of bachelors from India with 8 years of IT experience when I landed in USA in 2003. I applied my labor in 6/2006 and my I-140 got rejected when I applied under EB2 category coz My (B Com) was 3 years of degree and not 4 years. So, don�t generalize the problem just because you are not facing it.

    Peace.





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  • chanduv23
    09-28 09:59 AM
    The topic is to discuss the pros and cons. Thanks for all your excellent perspectives. Lets keep this discussion going.

    It is very obvious that America is still the best place in the world.

    300k green card petitions in July itself says how much people want to be here.

    But when it comes to supporting our cause, many people just back out.

    I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going



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  • snathan
    08-21 01:50 PM
    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

    I dont think your issuse can be fixed even by attorney. You are not coming under any category to file Green Card. So prepare for yourself to go back and build your life back in canada.





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  • bang
    03-08 10:17 PM
    Please let me know who wants to travel .. i can book a ticket for you ... please reply with your details i will contact you



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  • anurakt
    12-27 10:56 AM
    France
    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions
    If your transit time is less then 6 hours and you hold a valid US VISA or Green card, you do not require a transit VISA.

    * No airport transit VISA is required, if your tranit time is less than 6 hours and you are holder of USA Permanent Resident Card (Green Card) or a valid permanent resident permit in any of the countries of the European Union or a residence permit in Iceland, Liechtenstein, Norway, Switzerland, Monaco, Andorra, the Holy See, San-Marino, Canada or Japan. (if your layover is more than 6 hours, you need a transit VISA even if you have the permanent residence permit for any of the countries mentioned above).

    * No Airport Transit Visa is required if your transit time is less than 6 hours and you hold a valid USA visa in the passport and confirmed airline tickets (no open tickets) for these nationalities only (if your layover is more than 6 hours you need a transit VISA even if you have valid US VISA).

    For more information on VISA / transit VISA requirements, please visit the official website of French consulate/embassy.
    http://www.consulfrance-newyork.org/us/visas/airporttransit.htm


    Germany

    US Passport Holders: Not required
    Indian Passport Holders: Required*

    *Exemptions

    If you hold
    a residence title of a member state of the European Union or a member state of the European Economic Area (EEA, i.e. Iceland, Liechtenstein and Norway) or
    a residence permit of Andorra, Japan, Canada, Monaco, San Marino, Switzerland or the USA you do not need a transit visa.
    Airport transit travelers who are holding a valid visa for the USA (an approval notice is not sufficient), Canada or Switzerland, are not obliged to obtain an airport transit visa prior to departure. Until further notice for these travelers a "visa on arrival" will be issued by the competent authorities at the respective airport in Germany and no specific action is required from them to obtain an airport transit visa.


    If you are still in doubt whether you need an airport transit visa, do not hesitate to call the German mission which serves your place of residence in the US.

    For more information on VISA / transit VISA requirements, please visit the official website of German consulate/embassy.
    http://www.germany-info.org/relaunch/info/consular_services/visa/countrylist.html#except1

    Address / Contact numbers in USA
    There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.

    http://www.germany-info.org/relaunch/info/consular_services/visa.html


    Italy

    US Passport Holders: Not required
    Indian Passport Holders: Not Required

    For more information on VISA / transit VISA requirements, please visit the official website of Italian consulate/embassy. http://www.italconschicago.org

    Address / Contact numbers in USA

    CHICAGO - Consolato Generale d'Italia Tel.: 312 467 1550
    500 North Michigan Ave - Suite 1850 Fax : 312 467 1335
    CHICAGO IL 60611
    e-mail: chicago.visa@itwash.org

    DENVER - Vice Consolato Onorario Tel.: 303 224 9927
    7325 So. Jackson St. Fax : 303 224 9930
    Centennial, CO 80122
    Vice Console Onorario - Maria Elisabetta ALLEN
    e-mail: italyconsulcolo@email.msn.com

    KANSAS CITY - Vice Consolato Onorario Tel.: 913 281 2222
    New Brotherhood Building Fax : 913 321 6525
    753 State Avenue, Suite 102
    KANSAS CITY KS 66101
    Vice Console Onorario- Roberto L. SERRA
    e-mail: RSerra@wycokck.org

    ST. PAUL - Consolato Onorario Tel./Fax: 651- 641- 0207
    1844 Portland Avenue
    ST PAUL MN 55104
    Console Onorario - Jane Calabria McPeak
    e-mail: jcm4@comcast.net

    ST. LOUIS - Vice Consolato Onorario Tel.: 314 259 2413
    Bryan Cave LLP Voice Mail: 314 259 2008
    One Metropolitan Square , Suite 3600
    211 North Broadway
    ST. LOUIS MO 63102
    Vice Console Onorario - Joseph COLAGIOVANNI
    e-mail: jcolagiovanni@bryancavellp.com

    Consular Correspondents:

    MILWAUKEE - Dominic H. FRINZI
    2825 North Colonial Drive
    MILWAUKEE WI 53208
    Tel. (414) 475-5120

    IOWA - Nicholas CRITELLI
    317 Sixth Avenue, suite 500
    DES MOINES IA
    Tel. (515) 243-3122
    Fax (515) 243-3121

    ILLINOIS - John BUCARI
    500 E. Monroe St.
    Springfield, IL 62701-1509
    Tel. (217) 782-3000
    Fax (217) 558-4297
    email: JBucari@bre.state.il.us

    * It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.





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  • gc28262
    03-10 03:27 PM
    Before taking up any agenda, check with IV core whether it is the right time.

    If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?



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  • Canuck
    02-14 08:15 PM
    maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.

    Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.

    If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!





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  • pappu
    04-09 08:43 PM
    Old wine tastes good. Does this VB tastes good to you?
    :)





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  • jonty_11
    07-09 06:36 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
    text in bold has a GREY area....'plus remaining balance from previous months.'

    They can always say the additional approvals were left over from previous months...





    mhathi
    03-17 11:42 AM
    There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
    Maybe the lawmakers should understand this plight...

    I am forced into EB3 despite having a US Masters due to the same situation, but I wonder what lawmakers can do about this. The best way will be for us to lobby for relief in all EB immigration categories; not just EB1 or EB2.

    Which is what is IVs stated goal anyways.





    vine93
    10-23 06:05 PM
    bump



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