justAnotherFile
07-24 05:57 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
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nomi
12-12 04:37 PM
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD
paskal
12-26 04:30 PM
amsterdam is visa free- thank NW/KLM for it!
I hear Milan is too - Alitalia
I hear Milan is too - Alitalia
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alterego
09-19 08:06 AM
This is a crisis of confidence, brought about by the weakness of the housing market and therefore the securities based on the mortgages to those homes.
House prices are down nearly 20% and have perhaps another 10% to go.
The pain ie 30% of the value of the housing stock will end up being distributed across various players. Homeowners will take the bulk of it, Financial institutions will take some, Gov't unfortunately will take some(ie tax payers), foreign investors will take some, Insurers some, Inflation will eat away some(this will be a 2-3 yr process when all is said and done), etc. In the end the markets will climb out of it. Exactly how much each of these parties will eat is currently being negotiated on capitol hill. The truth is nearly every bank is under water at this time. However, commercial banks are only safe because they have stable depositor bases. Hedge funds and other institutional investors who play the repo market are more fickle and have seized up the bank repo and other credit markets. Liquidity and lowered rates alone is not solving this mainly because it is a question of confidence. This will get better once the gov't puts in a more definitive solution. I hope however that whatever solution is provided makes it extremely painful for any one to want to take that route, ie the shareholders and management should be wiped out and that too only for a loan which must be repaid. IF real estate recovers to anything close to what it was in 2006 by say 2015 or if confidence surges sooner, then the US Gov't could conceivably make money from this.
House prices are down nearly 20% and have perhaps another 10% to go.
The pain ie 30% of the value of the housing stock will end up being distributed across various players. Homeowners will take the bulk of it, Financial institutions will take some, Gov't unfortunately will take some(ie tax payers), foreign investors will take some, Insurers some, Inflation will eat away some(this will be a 2-3 yr process when all is said and done), etc. In the end the markets will climb out of it. Exactly how much each of these parties will eat is currently being negotiated on capitol hill. The truth is nearly every bank is under water at this time. However, commercial banks are only safe because they have stable depositor bases. Hedge funds and other institutional investors who play the repo market are more fickle and have seized up the bank repo and other credit markets. Liquidity and lowered rates alone is not solving this mainly because it is a question of confidence. This will get better once the gov't puts in a more definitive solution. I hope however that whatever solution is provided makes it extremely painful for any one to want to take that route, ie the shareholders and management should be wiped out and that too only for a loan which must be repaid. IF real estate recovers to anything close to what it was in 2006 by say 2015 or if confidence surges sooner, then the US Gov't could conceivably make money from this.
more...
desi3933
03-10 02:55 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
Macaca
01-28 10:22 AM
The concept of cap is informally and unofficially considered in US universities. In any enginerring class 40+% students are Chinese, Indian and Korean; I am not considering second generation who are American citizens. With such numbers, whatever happens in China, India and Korea happens in a class : there are 10 different languages in a class, international students have previous exams, international students work together on take home, etc. The educational system breaks down completely.
On the other hand, Engineering schools will shut down without Chinese, Indian and Korean. So there are no options.
In the next stage, they graduate and get jobs when the GC quota breaks down.
On the other hand, Engineering schools will shut down without Chinese, Indian and Korean. So there are no options.
In the next stage, they graduate and get jobs when the GC quota breaks down.
more...
conundrum
10-31 05:59 PM
Received letter from USCIS regarding the FOIA.
NRC2008063282
The request has been placed in the complex track!
NRC2008063282
The request has been placed in the complex track!
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chmur
09-12 10:46 AM
Demand data:
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Thanks. Looking at the demand data (as of Sept 08 as it states ) we may or may not have "net" backlog reduction of 40K for 2009-2010.
EB2 - net has come down by ~30 K but Eb3 has a net add of "10K"..Hmm unless they really approve a ton of them in September, we may be looking net reduction of 30K.
I really hope they get cranking on EB3 -ROW , they have ~44K pending . Expecting USCIS to work through this backlog in a year or two is reasonable or even next year .
At that point, EB3-I would be primed to receive overflow but the question is will they open up the flood gates and receive all new Eb2 applications or let them in a phased manner .
If they let them in a phased manner , some of the pre approved EB3-I applicants in 2002-2003 will get there GC . Even otherwise , new EB2 applications need processing time so few lucky Eb3-I (If you can call them that) may get their GC's.
Another thing is when will they let new EB2 applicants , if it is early in the yearly cycle say Oct-feb , then processing on such new application will be complete by June and EB3-I will continue starve.
So basically lot depends on how and when they will open up the gates for new EB2 applicants.
If they do it at the end of the year and they do not want to loose visa numbers , then there are ton of EB3 application in a pre approved stage for them.
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Thanks. Looking at the demand data (as of Sept 08 as it states ) we may or may not have "net" backlog reduction of 40K for 2009-2010.
EB2 - net has come down by ~30 K but Eb3 has a net add of "10K"..Hmm unless they really approve a ton of them in September, we may be looking net reduction of 30K.
I really hope they get cranking on EB3 -ROW , they have ~44K pending . Expecting USCIS to work through this backlog in a year or two is reasonable or even next year .
At that point, EB3-I would be primed to receive overflow but the question is will they open up the flood gates and receive all new Eb2 applications or let them in a phased manner .
If they let them in a phased manner , some of the pre approved EB3-I applicants in 2002-2003 will get there GC . Even otherwise , new EB2 applications need processing time so few lucky Eb3-I (If you can call them that) may get their GC's.
Another thing is when will they let new EB2 applicants , if it is early in the yearly cycle say Oct-feb , then processing on such new application will be complete by June and EB3-I will continue starve.
So basically lot depends on how and when they will open up the gates for new EB2 applicants.
If they do it at the end of the year and they do not want to loose visa numbers , then there are ton of EB3 application in a pre approved stage for them.
more...
RaviG
07-05 01:56 PM
Why don't IV put a sticker next to paid member Id? That might inspire people.
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sledge_hammer
07-14 09:05 AM
I have a question for the core team. There are way too many people on this forum offering their 2 cents, so why are you guys still asking for more contributions? Going by the rate at which people give away their 2 cents, the IV treasury must be full! :D
more...
mps
04-23 09:43 PM
Hearty Congratulations !!
You have been a great contributor to this site .. please continue to do so for benefit of rest of us ..:)
You have been a great contributor to this site .. please continue to do so for benefit of rest of us ..:)
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ramaonline
04-23 02:19 AM
according to a recent news item, the house speaker needs the support of at least 70 republicans to even consider a vote:
House Speaker Nancy Pelosi, D-Calif., has told the White House she could not pass a bill with Democratic votes alone, nor would she seek to enforce party discipline on the issue.
Bush would have to produce at least 70 Republican votes before she would consider a vote on comprehensive immigration legislation. Garnering such support might be very difficult for a president saddled with low approval ratings.
Democratic conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November and are not eager to relive the experience, party aides and lawmakers say.
House Speaker Nancy Pelosi, D-Calif., has told the White House she could not pass a bill with Democratic votes alone, nor would she seek to enforce party discipline on the issue.
Bush would have to produce at least 70 Republican votes before she would consider a vote on comprehensive immigration legislation. Garnering such support might be very difficult for a president saddled with low approval ratings.
Democratic conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November and are not eager to relive the experience, party aides and lawmakers say.
more...
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sanjaymk
07-16 06:48 PM
I think we have crossed the stage of educating these guys, and I personally don't think these guys are in a mental state of responding to reason and rationality.
The best way to teach them a lesson and make them ineffective is to simply prove their points are clear blatant lies and put their credibility under question.
We should create a webfax through IV to senators and legislators that reveals their lies and hits them in their core, and let the senators know that believing in these type of immigration-KKK type of organizations will put their credibility among the general public in question and is very badly detrimental to their future.
Sanjay.
The best way to teach them a lesson and make them ineffective is to simply prove their points are clear blatant lies and put their credibility under question.
We should create a webfax through IV to senators and legislators that reveals their lies and hits them in their core, and let the senators know that believing in these type of immigration-KKK type of organizations will put their credibility among the general public in question and is very badly detrimental to their future.
Sanjay.
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chanduv23
11-11 03:47 PM
We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
You are also a very active poster and can definitely help IV in all possible ways. Thanks for all the help.
Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.
hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..
You are also a very active poster and can definitely help IV in all possible ways. Thanks for all the help.
more...
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reddymjm
12-08 12:02 AM
Nrc2008069509.
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sathyaraj
03-12 06:20 PM
Hi BharatPremi:
Thank you so much for your reply. I do not have any speeding tickets also. I have clean history so far. I am hoping that this will be cleared by this week so that I can join them by 03/24
Regards
SathyaRaj
I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.
Thank you so much for your reply. I do not have any speeding tickets also. I have clean history so far. I am hoping that this will be cleared by this week so that I can join them by 03/24
Regards
SathyaRaj
I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.
more...
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coopheal
04-10 04:56 AM
Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)
The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
Can this happen to EB3-I India as well??
The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
Can this happen to EB3-I India as well??
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immigrationmatters30
09-19 02:25 PM
What if 485 was not filed but have an approved 140? Economy is taking big hits on the all the consulting firms even the big ones.I know this because I work for one and I was told budget spending on IT is going to be really tight moving forward for another couple of years espcially in financial sector.
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amitjoey
02-14 11:33 AM
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
pappu
12-28 10:56 PM
http://en.wikipedia.org/wiki/United_States_Permanent_Resident_Card#Other_Immigr ation_Sites
good effort.
Today I got a mail from a H1B person with German nationality and suffering due to green card issues. He is planning to go back to Germany. He found us through wikipedia.
Great work, keep it up. I hope more people contribute to this effort. Only a handful have participated and few have just suggested a link in their post instead of posting themselves on the sites.
It takes only 15 minutes to help!
If you dont know where to post, just google- 'desi forums' indian forums' 'immigration forums' 'desi classifieds' 'chineese forums' etc kind of keywords and you wll find plenty to get started.
All these efforts are small behind the scenes efforts for IV publicity and are very important for our visibility, awareness, membership drive and search engine rankings. You maybe an annonymous soldier in this effort but your effort will be useful. I hope more people help out with this idea.
good effort.
Today I got a mail from a H1B person with German nationality and suffering due to green card issues. He is planning to go back to Germany. He found us through wikipedia.
Great work, keep it up. I hope more people contribute to this effort. Only a handful have participated and few have just suggested a link in their post instead of posting themselves on the sites.
It takes only 15 minutes to help!
If you dont know where to post, just google- 'desi forums' indian forums' 'immigration forums' 'desi classifieds' 'chineese forums' etc kind of keywords and you wll find plenty to get started.
All these efforts are small behind the scenes efforts for IV publicity and are very important for our visibility, awareness, membership drive and search engine rankings. You maybe an annonymous soldier in this effort but your effort will be useful. I hope more people help out with this idea.
coopheal
11-12 09:58 AM
IV core should have two focus: long term plan and a short term plan.
Long term plan is anything that involves visa increase.
Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.
I hope the core is reading this post...
If you have an idea, and possibly a suggestion on how to implement it, post it. Even an old idea with innovative implementation may help us.
However, please do not wait on contribution thinking until something happens I don�t have to contribute. IV core is already working on many issues, and your monthly contribution would help stabilize resource needs for current items.
Long term plan is anything that involves visa increase.
Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.
I hope the core is reading this post...
If you have an idea, and possibly a suggestion on how to implement it, post it. Even an old idea with innovative implementation may help us.
However, please do not wait on contribution thinking until something happens I don�t have to contribute. IV core is already working on many issues, and your monthly contribution would help stabilize resource needs for current items.
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