vdlrao
07-24 09:01 PM
http://www.immigration-information.com/forums/showthread.php?t=5456&page=8
#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
Hi Ron.
Any predictions for Aug-08 visa bulletine.
Thanks.
guchi472000
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#79 07-07 01:30 PM
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin.
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Ron Gotcher Ron Gotcher is offline
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Location: Los Angeles, CA, USA
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07-07 01:30 PM
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin
As our "Legal" mentioned please see Ron's commets on the Aug 2008 Bulletin, before its released.
#78 07-07 12:43 PM
guchi472000 guchi472000 is offline
Junior Member Join Date: Mar 2008
Posts: 13
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
Hi Ron.
Any predictions for Aug-08 visa bulletine.
Thanks.
guchi472000
View Public Profile
Find all posts by guchi472000
#79 07-07 01:30 PM
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin.
__________________
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
07-07 01:30 PM
Ron Gotcher Ron Gotcher is offline
Attorney at Law Join Date: Sep 2005
Location: Los Angeles, CA, USA
Posts: 6,767
Blog Entries: 11
Re: Visa Bulletin answers and other isssues
--------------------------------------------------------------------------------
I suspect there won't be much change from the July bulletin
As our "Legal" mentioned please see Ron's commets on the Aug 2008 Bulletin, before its released.
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nozerd
03-19 05:25 PM
I am currently trying to negotiate with my company to do one of 3 things
1) Live in Windsor, ON and commute daily to work in Detroit, MI office. Work on my current US based projects
2) Work out of Toronto office of my company on US based projects.
3) Take transfer to Canadian operations of our firm and work there as Canadian employee on Canadian payroll.
In all 3 cases intent is to move back to US once PD is current so I can file 485. At the same time earn time towards Canadian Citizenship and build roots there if US GC isnt going to happen. Advantage of option 1 and 2 is to get paid in US salary, keep H1 visa for travel to US and keep US based job ready.
Others can also try similarly if their firms already have offices/branches/ sister concerns in Canada.
If job market is bad then go there wih a job set up. I am lucky my company is multinational with offices all over.
1) Live in Windsor, ON and commute daily to work in Detroit, MI office. Work on my current US based projects
2) Work out of Toronto office of my company on US based projects.
3) Take transfer to Canadian operations of our firm and work there as Canadian employee on Canadian payroll.
In all 3 cases intent is to move back to US once PD is current so I can file 485. At the same time earn time towards Canadian Citizenship and build roots there if US GC isnt going to happen. Advantage of option 1 and 2 is to get paid in US salary, keep H1 visa for travel to US and keep US based job ready.
Others can also try similarly if their firms already have offices/branches/ sister concerns in Canada.
If job market is bad then go there wih a job set up. I am lucky my company is multinational with offices all over.
ryan
08-17 12:34 PM
I cannot believe there are 9 pages (and counting) worth of sentiments, because some lame talentless guy was subject to security checks at an International Airport. I'm someone who was born India, but never lived there - however I'd think there are incredibly talented Indians here in America and worldwide compared to someone who's used to blatant exploitation / sell out of Indian culture. The guy is a disgrace. And some of you, please stop rolling over to play the 'victim' in any given post.
You do not need to 'stand-up' for Shahruk Khan. Stand up for yourself, for every - everyday Indian Joe & Jane who've travelled from their hometowns to make a living and for a future. Stand up for the hero in you - not clownish make believe bollywood heroes.
You do not need to 'stand-up' for Shahruk Khan. Stand up for yourself, for every - everyday Indian Joe & Jane who've travelled from their hometowns to make a living and for a future. Stand up for the hero in you - not clownish make believe bollywood heroes.
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mbartosik
12-13 05:52 PM
it's not the cost of getting an opinion that matters.
See my two prior posts on being pragmatic.
See my two prior posts on being pragmatic.
more...
u.misc
01-25 02:35 PM
If the law is followed in the enforcement then that is fine. Integrity of H1b program will be maintained. If arbitary and against the law then that should not be followed.
SNRAM, Probably you are the person who thinks he is a superman because some company hired on directly on H1-B and probably you are doing the same monotonous job for a very long period of time ... You are itching to shift gears get to do something better than what you are doing now... Unfortunately for you, no one is willing to hire you ... Then you just decided to come here on the forum and get the load of your chest by writting something that you think would irritate people.
The consultants that you are taking about are not only sharp experienced people but are making at least 2-3 time the money you make working from the little cube where you are typing the BS ...Go get a life MF.
SNRAM, Probably you are the person who thinks he is a superman because some company hired on directly on H1-B and probably you are doing the same monotonous job for a very long period of time ... You are itching to shift gears get to do something better than what you are doing now... Unfortunately for you, no one is willing to hire you ... Then you just decided to come here on the forum and get the load of your chest by writting something that you think would irritate people.
The consultants that you are taking about are not only sharp experienced people but are making at least 2-3 time the money you make working from the little cube where you are typing the BS ...Go get a life MF.
GCmuddu_H1BVaddu
09-16 10:20 PM
Fool, I will ask a new question.
Did NTR fathered you OR NTR, Chandrababu together fathered you? OR are you upset because YSR did not father you ? Ask your M and comeback and tell us.
If you don't like a person keep it to you. Don't rant on dead people caste based and make fool of you.
GCmuddu_H1BVaddu,
I ask the same question as asked by others. Is YSR your father or did he fathered you? If you like him, keep it to yourself otherwise prove that all facts posted by me are wrong ?
If you rant on me, you only make fool of yourself...by the way I can rant on you too.
Did NTR fathered you OR NTR, Chandrababu together fathered you? OR are you upset because YSR did not father you ? Ask your M and comeback and tell us.
If you don't like a person keep it to you. Don't rant on dead people caste based and make fool of you.
GCmuddu_H1BVaddu,
I ask the same question as asked by others. Is YSR your father or did he fathered you? If you like him, keep it to yourself otherwise prove that all facts posted by me are wrong ?
If you rant on me, you only make fool of yourself...by the way I can rant on you too.
more...
amsgc
07-04 12:43 PM
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.
I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.
My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.
I just want to point out that whether or not your company helps offset these costs is immaterial at this point. This is money that has gone down the drain. Depending on the Oct. Visa Bulletin, you, or your employer may have to incur the same expenses all over again. So in the end, you may end up spending more than twice the amount of money, and more in application fees.
My only beef is that if the USCIS was intentionally working hard to preempt the deluge in July, WHY DID IT NOT TALK TO THE DOS AND MAKE THIS INFO PUBLIC??? This is unethical and unacceptable conduct.
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qvadis
02-13 07:23 PM
No. You are wrong..
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
202(a)(5) was added by AC21!! That's exactly the change that allowed USCIS to give additional visas to over-subscribed countries.
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
202(a)(5) was added by AC21!! That's exactly the change that allowed USCIS to give additional visas to over-subscribed countries.
more...
la6470
01-16 03:10 PM
How else is a consulting company supposed to work - if they do not send their consultants to client site? Consulting is not always a one month affair - all IT organizations need long term consulting on permanent basis from subject matter experts. Again I know for sure that this is a misguided memo from some folks in USCIS who has no practical understanding of the complexity of modern IT organizations.
I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.
I am posting this again because I want the discussion to focus back on what is really important and not soothe someone's personal ego.
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Aah_GC
07-11 06:10 PM
Guys.. can one of you please suggest a good Canadian PR processing company? I keep getting mails from cr@protechimmigration.com. Is Protech good?
Would really appreciate a reply.
Would really appreciate a reply.
more...
snathan
08-16 06:06 PM
Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.
In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?
In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?
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gc28262
05-31 10:17 PM
WOW... what a logic... what does Indian Govt. has to do with this money when this is taken out of my pay cheque.
When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).
I think this is a requirement from US government that countries that need a SSA agreement with US needs to have a Social Security system.
Asking our SSA and Medicare back is a good strategy which will benefit us one way or other.
1. We will have an option of claiming our money back if we decide to return.
2. US gov will be forced to come up with a solution for our eternal wait for GC as US cannot afford to lose so much money from SS and Medicare funds.
When I take this money back to India I probably would end up paying some taxes on it... not sure what the logic is behind this... (again I do not undertsand the full details behind it).
I think this is a requirement from US government that countries that need a SSA agreement with US needs to have a Social Security system.
Asking our SSA and Medicare back is a good strategy which will benefit us one way or other.
1. We will have an option of claiming our money back if we decide to return.
2. US gov will be forced to come up with a solution for our eternal wait for GC as US cannot afford to lose so much money from SS and Medicare funds.
more...
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glus
02-13 07:19 AM
Clear up your mind for a little while and consider this:
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
The whole working world lives by on one simple rule ..... GETTING PEOPLE OFF YOUR BACK.
The bigger PITA (pain-in-the-ass) you are... the higher is the priority you get.
As a community we will need to become a PR nightmare for govt. officals... simply being an inconvenience is not going to cut it... we will have to become a "a cactus that is stuck in the colon".
USCIS says EBs are retrogressed because there are XXXXX people in the queue. Why is the queue so long? Because they wasted numbers in the past and kept the queue long. This is pure operational inefficiency that is resulting in monetary, emotional and mental loss to about a million people.
This is a valid ground for a class action lawsuit.
By filing this suit, we will become the "cactii in the colon" that they will have to address. And you know what the easy out of court settlement will be..... RECAPTURE!
We will keep lobbying and crying as we usually do.. But this thing has a far better shot than anything else.
Class actions are not performed easily. First,one needs to show that an agency acted illegally and that action caused many people harm. The fact that USCIS did not use all the visa numbers is not automatically illegal. The law says that the MAXIMUM number of visas, for example, in the EB is 140,000 per fiscal year. It does not say what's the minimum. I am not an attorney, but if that were an easy case, many times would someone else have tried it. Good idea, but as far as I know, difficult to fight from a legal point of view. I'll ask my attorney about this and will keep you posted.
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gbof
08-15 09:13 PM
I think this is a very good post.
To add to this:
This incident has nothing to do with India. It just happened that SRK was from India.
After 9/11 we all know security measures are tight and rightly so.
For them it does not matter if it is
1. SR Khan who works in movies or
2. XYZ Khan who is a computer programmer or a cab driver.
If the name flashes in the computers they do the required checks.
Do you feel people with Muslim sounding names are targeted more?
No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.
Add to this:
Not even a single incident happened on american soil after 9/11 and credit for this goes to EFFECTIVE security system in place and this will stay in place because no body will interefere on this
America is still fighting 2- wars (yes, Iraq and Afganistan mess is not over yet) BUT its citizen are still having very normal life - credit goes to home land security
To add to this:
This incident has nothing to do with India. It just happened that SRK was from India.
After 9/11 we all know security measures are tight and rightly so.
For them it does not matter if it is
1. SR Khan who works in movies or
2. XYZ Khan who is a computer programmer or a cab driver.
If the name flashes in the computers they do the required checks.
Do you feel people with Muslim sounding names are targeted more?
No wonder, it is likely. DO NOT Blame USA TSA for that. Blame Osama Bin Laden for putting innocent Muslims through this.
Add to this:
Not even a single incident happened on american soil after 9/11 and credit for this goes to EFFECTIVE security system in place and this will stay in place because no body will interefere on this
America is still fighting 2- wars (yes, Iraq and Afganistan mess is not over yet) BUT its citizen are still having very normal life - credit goes to home land security
more...
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snathan
05-01 04:45 PM
The Pak Sikhs are being troubled by the Taliban whom everyone opposes and the Pak govt is doing nothing and hence India should raise a voice.
The Tamils in SriLanka are not being opressed by SriLanka but by LTTE themselves ( using their own people as human shields ) . The Srilankan govt is trying its best to minimise losses while trying to rout the terrorist LTTE. India does not have any sympathy either for the Taliban or for LTTE. Both are enemies of India.
Personally I hate the LTTE and their damn cause. Someone who would kill our PM does not deserve any sympathy.
I cheer the brave SriLankan Army who will finally clear their country of this terrorist manace. I wish India had the same drive to remove terrorists from our country in J&K and elsewhere .
Who told you this...do you know the history and are you sure the tamils are not opressed by the SL govt. Read the history before you make the comments.
By the way I am not supporting the LTTE. Here the question is should Indian govt support the civilions or not. Given a chance the SL govt wants to wipe out the entire tamil community. Do not think it will not happen to you/us here tomorrow.
The Tamils in SriLanka are not being opressed by SriLanka but by LTTE themselves ( using their own people as human shields ) . The Srilankan govt is trying its best to minimise losses while trying to rout the terrorist LTTE. India does not have any sympathy either for the Taliban or for LTTE. Both are enemies of India.
Personally I hate the LTTE and their damn cause. Someone who would kill our PM does not deserve any sympathy.
I cheer the brave SriLankan Army who will finally clear their country of this terrorist manace. I wish India had the same drive to remove terrorists from our country in J&K and elsewhere .
Who told you this...do you know the history and are you sure the tamils are not opressed by the SL govt. Read the history before you make the comments.
By the way I am not supporting the LTTE. Here the question is should Indian govt support the civilions or not. Given a chance the SL govt wants to wipe out the entire tamil community. Do not think it will not happen to you/us here tomorrow.
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tikka
07-03 11:02 PM
Immigration lawyers raised unusually irate protests yesterday after the State Department and the immigration service abruptly withdrew tens of thousands of job-based visas they had offered last month to foreign professionals hoping to become permanent residents in the United States.
The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.
The State Department said the 60,000 visas it had expected to offer would no longer be available because of �sudden backlog reduction efforts� by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.
In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a �hoax� and a �bait and switch� against hopeful legal immigrants who played by the book.
�Here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces,� said Kathleen Campbell Walker, the president of the association.
To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.
Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.
Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.
�I am concerned that such action may violate the law and could threaten the integrity of our immigration system,� Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.
The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.
The outcry was provoked by a terse announcement on Monday in which the State Department said it would not grant any more visas for the 2007 fiscal year to foreigners applying to become permanent residents based on their job skills. That notice reversed one the department had issued on June 13 announcing a two-month window starting July 2 for aspiring, high-skilled immigrants from around the world to present applications for visas known as green cards.
The State Department said the 60,000 visas it had expected to offer would no longer be available because of �sudden backlog reduction efforts� by Citizenship and Immigration Services, the federal agency that processes applications for the visas offered by the department.
In a statement yesterday, the American Immigration Lawyers Association accused the two agencies of perpetrating a �hoax� and a �bait and switch� against hopeful legal immigrants who played by the book.
�Here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces,� said Kathleen Campbell Walker, the president of the association.
To apply, immigrants must undergo medical examinations and assemble documents to prove their job skills and show that a United States employer has sponsored them. Foreigners must be in the United States when they present their applications, which are processed on a first-come, first-served basis.
Because of backlogs for employment-based visas, foreigners have had to wait many years just to be allowed to file their applications.
Thousands of medical and technology professionals, including many working here on temporary visas, scrambled for weeks to get their documents together, in some cases canceling travel plans, in order to file their applications on Monday, the first day of the window. The State Department and the immigration agency closed the window without accepting a single application.
�I am concerned that such action may violate the law and could threaten the integrity of our immigration system,� Representative Zoe Lofgren, Democrat of California who is chairwoman of the House Judiciary subcommittee on immigration, wrote in letters yesterday to Michael Chertoff, the secretary of homeland security, and Condoleezza Rice, the secretary of state. Ms. Lofgren warned that the federal government could face costly litigation because of its change of course.
The State Department said it would begin accepting applications on Oct. 1 for 2008 visas. On July 30, the immigration agency will raise its processing fees by an average of 66 percent.
more...
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tikka
07-04 07:39 AM
http://indiapost.com/article/immigration/597/
On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.
An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.
In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.
AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.
Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.
If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."
The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.
Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.
For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.
To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.
If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.
While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.
Cyrus D. Mehta
On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications.
An update on AILA Infonet expresses concern that the USCIS may start rejecting I-485 filings before July 31, 2007 even though, historically, applicants have had the benefit of the whole month to file before the State Department announces retrogression for the following month.
In fact, the cut-off date for the "Other Worker" was October 1, 2001 in the June 2007 Visa Bulletin. Yet, the USCIS began rejecting I-485 filings under the Other Worker category with priority dates of October 1, 2001 or earlier when the agency was informed by the State Department that the visa allocation for this category had been exhausted on June 5, 2007.
AILA believes that the rejection policy is contrary to the regulation at 8 CFR �245.1(g) (1), and has urged USCIS to reverse its policy, which it has refused to do so. In any event, June 2007 is almost over, and even if USCIS reverses its erroneous policy later in July, would it still be able to accept I-485 applications that were due in June 2007? In July 2007, the Other Worker category becomes Unavailable.
Regarding the "Current" dates in July 2007, the AILA Update indicates that USCIS has approximately 40,000 visas remaining in all employment-based categories for 2007, and that USCIS already has far more than that number of I-485 applications in the backlog queue ready for approval. Remember that there was a similar deluge of I-485 filings prior to the earlier retrogression of October 1, 2005.
If these have already been pre-approved, they will exhaust the supply of existing immigrant visas and there is a likelihood that USCIS may start rejecting I-485 filings before the month of July is over. AILA has not yet predicted the exact date in July when this will happen. Despite the rush to file, one cannot underscore the importance of filing complete I-485 applications. If the I-485 does not contain the medical examination report, it will get rejected as the document is considered "initial evidence."
The same applies to birth certificates, marriage certificates and other essential documents. It is also important to file with the correct filing fees for the I-485 ($325 + $70 for the biometrics fee). The accompanying I-765 application for temporary employment authorization is $180 and the I-131 application for Advance Parole is $180. It is also important to make full and truthful disclosure of any unauthorized unemployment on the Form G-325A.
Some may have worked after their F-1 OPT had expired and others may have been involved in self-employment home businesses. The fact that an applicant has worked without authorization for short periods of time should not render him or her ineligible to file for Adjustment of Status. Section 245(k) of the Immigration and Nationality Act protects status violations up to 180 days from the last lawful admission into the United States.
For example, if an applicant worked without authorization between October and December 2006, and then left the United States and entered on January 1, 2007 in H-1B status, so long as this individual has not violated status for more than 180 days since January 1, 2007, he or she would still be eligible to file the I-485. For those with longer periods of status violations, Section 245(i) may also render them eligible to file an I-485.
To be eligible under Section 245(i), the applicant must have been the beneficiary of a labor certification or employment or family-based immigrant visa petition (Form I-140 or Form I-130) prior to April 30, 2001. If the filing was between January 15, 1998 and April 30, 2001, he or she must also establish physical presence in the US as of December 21, 2000.
If one is filing under Section 245(i), the I-485 must be accompanied by Supplement A and an additional penalty fee of $1,000. Finally, it is also important to disclose criminal arrests and convictions, however minor. Of course, those who have a criminal record must seek the advice of an attorney prior to filing the I-485.
While not all minor arrests or convictions will lead to inadmissibility, some may and it is important to find out whether the applicant is eligible for a waiver. If one is filing an I-140 concurrently with the I-485, note that the USCIS announced on June 28, 2007 that it was temporarily suspending premium processing for 30 days from July 2, 2007 due to the heavy rush in applications.
Cyrus D. Mehta
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anai
06-26 04:22 PM
Read in the middle of the page....
"Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"
Hope this help
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
"Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresse"
Hope this help
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
Ok, if the Fragomen page is the source of this rumor: can someone who is a Fragomen client ask their attorney about what's going on here. That might help clarify things a bit. (Given that they are the largest immigration law firm, there's bound to be many IV members for whom Fragomen is preparing documents.)
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PlainSpeak
01-13 12:44 PM
I think you should start EB3India.org (not affiliated to IV) similar to EB3Chinese.org
There is an old chinese saying
Be careful what you wish for it just might come true
There is an old chinese saying
Be careful what you wish for it just might come true
amitjoey
07-03 05:47 PM
http://jurist.law.pitt.edu/paperchase/2006/08/immigrants-file-lawsuit-against-us.php
JURIST@law.pitt.edu
JURIST@law.pitt.edu
walking_dude
12-14 04:45 PM
I find it abominable that there are still some humans(?) left in this century who want special benefits based on their race and country-of-origin in this 21st century !
It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !
Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.
It's time people were measured on merit instead of he is Indian, Chinese or some other nationality. Eliminating country quotas is part of IV strategy on the homepage. If someone has issues with it, well you are working against IV strategy !
Stop dividing people based on ethnicity - Indians, Chinese and others. Every one deserves equal opportunity, not based on their country, race or color (all abominable ideas to me) , but purely on merit.
