CSPAvictim
07-09 07:24 PM
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
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wIeRdLiFe
02-18 07:03 PM
Hello,
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
Is it true if you are in US for more than 5 years you get GC? It is too good to be true.
Any way which part of this bill says so? I am sorry for my ignorance.
Is it valid even if you came on F1 and started working ....
thanks in advance for answers.
unseenguy
02-13 08:13 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?
2011 foto d amore.
ca_immigrant
06-08 09:10 PM
10 yrs???? what are you talking about, the pace at which we are going right now.. minimum 200 yrs+- 6 months:confused:
saxena sabhib,
maafi chata huin but I do not agree with your analysis....
(I am sorry but I do not agree with your analysis)....
I am thinking more like.....he pace at which we are going right now.. minimum 200 yrs+- 5 months
(so my prediction is one month less than yours)....I am sure I am right and you are rong...;)
anways, USCIS does not seem to help us anymore....
I will go home and try to convince my daughter to sponsor me.....she is 4 currently so I might be able to convince her and get a legal document signed....
have a good evening folks !
saxena sabhib,
maafi chata huin but I do not agree with your analysis....
(I am sorry but I do not agree with your analysis)....
I am thinking more like.....he pace at which we are going right now.. minimum 200 yrs+- 5 months
(so my prediction is one month less than yours)....I am sure I am right and you are rong...;)
anways, USCIS does not seem to help us anymore....
I will go home and try to convince my daughter to sponsor me.....she is 4 currently so I might be able to convince her and get a legal document signed....
have a good evening folks !
more...
pappu
01-09 07:53 PM
thanks for pointing it out. We need volunteers to do this task. anyone interested pls sign up here and start posting.
ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
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chanduv23
09-10 12:09 PM
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
Having dealt with a lot of people, I have noticed that - most people are not happy but put up with it. They pretend to show a happy face whereas they want to jump jobs at the first possible instance.
They are in closets due to some kind of fear or stigma. If they are all happy with their h1b and jobs why did they all cry and crib during July visa bulletin fiasco and start pounding the IV website?
This is for those who have taken a stance against the rally for no reason. They are working against a cause that would help them.
Having dealt with a lot of people, I have noticed that - most people are not happy but put up with it. They pretend to show a happy face whereas they want to jump jobs at the first possible instance.
They are in closets due to some kind of fear or stigma. If they are all happy with their h1b and jobs why did they all cry and crib during July visa bulletin fiasco and start pounding the IV website?
This is for those who have taken a stance against the rally for no reason. They are working against a cause that would help them.
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tinku01
02-20 03:02 PM
these type of posts keep you moving with this GC Process. Mine is EB2 June, I hope it would also become current in coming months.:p
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retrohatao
02-16 11:52 AM
I was thinking this forum was for such purpose. May be I am wrong. Because I have been on this forum for a month now and everytime I had to convince some or other moderator to take up the cause. Not that encouraging...
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webm
05-28 03:40 PM
Congrats!! damialok
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mirage
02-06 03:32 PM
There can be several ways to deal with this and still get least opposition, I sent you a PM...That's absolutely true. Immigration quotas were originally designed to keep people out, which meant if you were a white, Western European come on in. If you were not, you need not apply. The per country limit was instituted to redress this issue and assure diversity in the immigration process. Eliminating the per country limit would require a massive paradigm shift, that in the end would only be more harmful to those groups who perceive a short term benefits.
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alterego
07-14 09:37 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as the poster above said the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
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luvschocolates
08-21 08:06 PM
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
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ksurjan
07-24 01:39 PM
Can anyone confirm if the files are actually being transferred from Nebraska to Texas? Why is the compliance date for Texas 10/26 and for Nebraska it's 8/1.
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pictures No food here, only wine.
varshadas
01-30 10:43 AM
I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
dresses il primo amore,
chapper
07-24 10:45 AM
To the best of my knowledge - she will be in status as long as her H4 application is pending or even AOS pending and also her post OPT is 60 days as mentioned earlier..
My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!
My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!
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softcrowd
03-18 09:37 AM
I am 04/2004 EB2 and I just hope that Ron's prediction comes true.
One thing about his April PD movement "prediction" - Ron Gotcher never predicted that..He just said he passed on what he heard from an official.
But in this case (July one), it looks like his prediction!! So lets see!
One thing about his April PD movement "prediction" - Ron Gotcher never predicted that..He just said he passed on what he heard from an official.
But in this case (July one), it looks like his prediction!! So lets see!
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californian_GC
01-16 12:11 PM
I signed up through my BOA account. I made $20 recurring payments for the next 12 months.
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gccovet
09-10 01:35 PM
I am wondering when will they discuss about Humans ?:mad:
After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.
After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.
refiling 485
07-18 11:06 AM
My application reached on July 2nd at 10:00 AM and haven't heard anything from them. Mine is a June case.
imconfused
07-09 04:16 PM
I am yet to see any legal basis in the case which states that DoS has to give notice of x days before changing the visa bulletin. All it says that they have "policy" of visa bulletin good for a month. Such policies, unless backed by legal basis, are not enforceable.
__________________
Not a legal advice.
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
__________________
Not a legal advice.
legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...
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