Hermione
10-01 10:02 AM
then why are visas about to be wasted yet again this year?
after...they said all numbers were exhausted on July 2?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
Hey, mine is EB2 ROW - can't get any more straightforward than that, I-140 is approved, and PD has always been current! Well, 1 year 7 month and still counting. It would be really easy for me to blame USCIS inefficiencies, but let's look at the whole picture. My second H1 was approved in 1 day (premium processing), my I-140 was approved in 9 days (not premuim processing), I got my fingerprint notice and RFE on I-485 a month after I applied - that means the case was looked at, determined what else they needed, and everything was processed. Work on my AOS case was over 4 month after applying (and I did apply concurrently). Then, I had to wait for namecheck... and wait and wait. Do I blame the processing center for that? No, it's not their fault. Do I blame Chertoff for that? Sure! He is the one who's supposed to negotiate things between DHS and FBI, and make sure things work well together.
Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.
after...they said all numbers were exhausted on July 2?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
Hey, mine is EB2 ROW - can't get any more straightforward than that, I-140 is approved, and PD has always been current! Well, 1 year 7 month and still counting. It would be really easy for me to blame USCIS inefficiencies, but let's look at the whole picture. My second H1 was approved in 1 day (premium processing), my I-140 was approved in 9 days (not premuim processing), I got my fingerprint notice and RFE on I-485 a month after I applied - that means the case was looked at, determined what else they needed, and everything was processed. Work on my AOS case was over 4 month after applying (and I did apply concurrently). Then, I had to wait for namecheck... and wait and wait. Do I blame the processing center for that? No, it's not their fault. Do I blame Chertoff for that? Sure! He is the one who's supposed to negotiate things between DHS and FBI, and make sure things work well together.
Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.
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kc_p21
12-10 03:31 PM
Why don't you shut up? along with Logiclife?
Bill O' Rielly does it too. And he is a successful professional. So I guess it is ok to ask someone to shut up.
Bill O' Rielly does it too. And he is a successful professional. So I guess it is ok to ask someone to shut up.
Appu
03-17 07:45 PM
Piyushpan, I see this provision as:
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Here's the summary from Sen Frist's website:
Section 405. Student Visas.
Section 405 extends foreign students� post-curricular Optional Practical Training (and F-1 status)
to 24 months. It also creates a new �F-4� student visa for students pursuing an advanced degree
candidates studying in the fields of math, engineering, technology or the physical sciences. The
new visa would allow eligible students to either to return to their country of origin or remain in
the United States for up to one year and seek employment in their relevant field of study. Once
such a student received such an offer of employment, the individual would be allowed to adjust
status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
training and scholarships for American workers, while twenty percent of the fee would go
toward fraud prevention.
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Here's the summary from Sen Frist's website:
Section 405. Student Visas.
Section 405 extends foreign students� post-curricular Optional Practical Training (and F-1 status)
to 24 months. It also creates a new �F-4� student visa for students pursuing an advanced degree
candidates studying in the fields of math, engineering, technology or the physical sciences. The
new visa would allow eligible students to either to return to their country of origin or remain in
the United States for up to one year and seek employment in their relevant field of study. Once
such a student received such an offer of employment, the individual would be allowed to adjust
status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
training and scholarships for American workers, while twenty percent of the fee would go
toward fraud prevention.
So if you would have qualified for the F-4 visa if this bill had been in effect at the time of your graduation and you have secured employment in the US, you can adjust your status.
Plus, Section 406 says: if you have been employed for 3 years, then a visa number will be immediately available to you. Otherwise, Section 405 still says you have to wait till a visa number is available.
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gc_chahiye
10-05 10:03 PM
I have been laid off yesterday. My employment ends Dec.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
you need to hope and pray no query for EVL comes until 180 days past your filing of 485. After that if you get a query you can show company Bs letter. the job in B needs to be in the same or similar position.
My 180 days expire Jan. My company said they will not revoke the I-140.
So can anyone explain the steps that needs to be taken by company B after they transfer my h1, for time period Dec thru Jan.
Can I use ac21 afterwards? and
Can myself or my wife work on the EAD that will come to our home address?.
What else needs to be done by company B.
Will we just get our green card in email.
If a query comes should I prove that I'm employed with the former company or is it to sufficient to show employment with similar position alone?
In short if the former company does not revoke I-140 and I take care of the status thru H1b transfer for the 1 month to hit 180 days, will I need to reapply for the GC?
Please advice to what you think is right based on your best knowledge.
you need to hope and pray no query for EVL comes until 180 days past your filing of 485. After that if you get a query you can show company Bs letter. the job in B needs to be in the same or similar position.
more...
Hinglish
03-21 04:19 PM
The USCIS/DOS set quotas for visa numbers because the United States does not want to be overwhelmed with immigrants. And these quotas are spread evenly through all nations and ethnic backgrounds. Considering the populations of the "oversubscribed" nations, this is justified. I can see where the immigrants from these nations feel "discriminated against" in the fact that they receive a smaller percentage (NOT NUMBER) of visas per capita than ROW countries. This does not make the system unfair. And if you think that certain countries get special treatment, think again; there are plenty of people in ROW (like me) who have been waiting for years as well!
I agree ...
I agree ...
heywhat
09-21 09:28 PM
just changed job and Sep 18th was my first day at new job. Because of some silly mistakes of paralegal from previous company I have to restart my GC journey from scratch ...:(. Actually I do not need GC just need EAD for my wife.
Contribution til date:
1> Introduced 4-5 friends and they are now IV members ..
2>I tried to motivate friends to participate in rally who really wants to settle down here(Due to family reason I am not planning to settle down in US.).
3>I have been in constant touch with my senator Mr. Kohl(from WI) and his Immigration department. (His immigration department helped me a lot for my mom's visitor visa.)
Contribution til date:
1> Introduced 4-5 friends and they are now IV members ..
2>I tried to motivate friends to participate in rally who really wants to settle down here(Due to family reason I am not planning to settle down in US.).
3>I have been in constant touch with my senator Mr. Kohl(from WI) and his Immigration department. (His immigration department helped me a lot for my mom's visitor visa.)
more...
sriku_d
07-24 09:43 AM
She is very slow and does not even talk to you. The staff working in thier firm is arrogant. I was current in June but they didn't apply eventhough i sent my papers in May. Instead they were cursing DOL for the July bulletin withdrawl. They'll never respond to emails properly. I strongly don't recomment Jennifer Hallet.
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desi3933
02-02 12:32 PM
Another Example:
Let us say, Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them.
If employer decides to sponsor green card for only 1 of the H-1B worker, can other 2 H-1B workers claim right to get sponsored based on Equal Opportunity Law? The answer is No, since it is perfectly ok and does not come under employment based discremination.
People here are mixing 2 different laws without knowing law's applicability limitations.
________________
Not a legal advice.
Let us say, Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them.
If employer decides to sponsor green card for only 1 of the H-1B worker, can other 2 H-1B workers claim right to get sponsored based on Equal Opportunity Law? The answer is No, since it is perfectly ok and does not come under employment based discremination.
People here are mixing 2 different laws without knowing law's applicability limitations.
________________
Not a legal advice.
more...
anilsal
12-10 03:20 PM
and other IL immigration related events, people from the chapter say that they will show up. But they will not. They do not even have the courtesy later to tell that they had something important to justify their absence. This is what ticks off leaders who are working hard.
If you say you are coming to an event and are unable to do so, either inform asap or after the event, have courtesy to send an email explaining why.
Being active in IV is an indication of your character. If you are timid and scared, you will continue to be SCARED for the rest of your life (no matter the country you reside in). :)
If you say you are coming to an event and are unable to do so, either inform asap or after the event, have courtesy to send an email explaining why.
Being active in IV is an indication of your character. If you are timid and scared, you will continue to be SCARED for the rest of your life (no matter the country you reside in). :)
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sonia_sd
08-05 04:41 PM
Going back to India is not a bad option at all, but it is really subjective to each individuals about what gain we are going to get out of gaining GC or citizenship from US or Canada like settling down in these countries for good or moving back to country of origin later. In my opinion gaining citizenship from US or Canada before going back to India will be always advantageous, one future perspective these countries have bilateral agreements with other developed nations where you can travel without visa for business trip or for even jobs where you're treated differently as against India citizens(Asian origins doctors who work in UK know this difference). Its a known fact that the pay structure in Gulf countries are different based on the citizenship.
My 2 cents
kris
Country of origin: India
GC Status : Approved in 2008
Kris04,
Appreciate your realastic advise, I believe its worth one dies in canada for citizenship. I would say CANADA is a great nation and citizenship is widely respected, on top of everything you are widely allowed to any country.
Soni
My 2 cents
kris
Country of origin: India
GC Status : Approved in 2008
Kris04,
Appreciate your realastic advise, I believe its worth one dies in canada for citizenship. I would say CANADA is a great nation and citizenship is widely respected, on top of everything you are widely allowed to any country.
Soni
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Macaca
09-14 02:05 PM
I have been thinking about whether to attend the rally or not from past few weeks.
Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!
I am feeling so good now.
No one who, like me,
conjures up the
most evil of those
half-tamed demons that
inhabit the human beast, and
seeks to wrestle with them,
can expect to
come through the struggle
unscathed
Sigmund Freud
Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!
I am feeling so good now.
No one who, like me,
conjures up the
most evil of those
half-tamed demons that
inhabit the human beast, and
seeks to wrestle with them,
can expect to
come through the struggle
unscathed
Sigmund Freud
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jayram123
09-20 02:31 PM
'Too many Cooks spoiled the broth'. If each person steering the boat paddles in a different direction, boat will go in circles.
True to certain extent but I don't know that there are too many cooks. We are all making suggestions but if there is any action based on that, we don't know. It's sorta brainstorming and some good ideas may come out of that.
If we stick to 'Don't ask what we can do for you, ask what you can do for us', we won't go far with it.
I have had other people express the same thing to me. It's about the collective group but if we cannot convince individual folks there isn't a way we can gather the group. We truly need to be proactive in recruiting people to the organization actively as opposed to being passive and saying it's fine - we will let whoever wants to join us join and whoever wants to contribute let them contribute.
I think as more number of people join this organization, the responsibility increases for the organization too. I also truly think the anonymity of the members is truly not helping and is in a way responsible for all the offensive posts in this forum. Once you attach a face and name and location to the IV handle, some of that should stop.
Also, make this a paid forum, please.
True to certain extent but I don't know that there are too many cooks. We are all making suggestions but if there is any action based on that, we don't know. It's sorta brainstorming and some good ideas may come out of that.
If we stick to 'Don't ask what we can do for you, ask what you can do for us', we won't go far with it.
I have had other people express the same thing to me. It's about the collective group but if we cannot convince individual folks there isn't a way we can gather the group. We truly need to be proactive in recruiting people to the organization actively as opposed to being passive and saying it's fine - we will let whoever wants to join us join and whoever wants to contribute let them contribute.
I think as more number of people join this organization, the responsibility increases for the organization too. I also truly think the anonymity of the members is truly not helping and is in a way responsible for all the offensive posts in this forum. Once you attach a face and name and location to the IV handle, some of that should stop.
Also, make this a paid forum, please.
more...
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walking_dude
09-22 12:43 PM
+1
Those who had real genuine reasons will attend next time. Those feeling guilty of not attending, contribute 100, 200 whatever....[ I'm not at all pushy here, just requesting] that'll help IV more than posting your reasons. IV core are not "Agony Uncles" or "Agony Aunts" to counsel us on our personal problems or guilt issues!
Don't get me wrong, I sympathize with those who had backpain, who were forced by the bosses etc. There is NOTHING IV CAN DO ABOUT IT (real genuine reasons). For those complaining about money, there was a thread on IV to sponsor tickets, provide accomodations etc. Why didn't you use those?
So whoever posts their "Confession" next, please sweeten it by showing you've done your penance - by posting details of your latest contribution to IV, done to atone your absence. That way, it will it help you get over your guilt (if you really have it), and also shutup those who question your genuineness.
if the movers of this thread have no objection i would like to close it.
i hope though in the meanwhile we can turn the discussion to more productive directions. there is much to be done yet.
Those who had real genuine reasons will attend next time. Those feeling guilty of not attending, contribute 100, 200 whatever....[ I'm not at all pushy here, just requesting] that'll help IV more than posting your reasons. IV core are not "Agony Uncles" or "Agony Aunts" to counsel us on our personal problems or guilt issues!
Don't get me wrong, I sympathize with those who had backpain, who were forced by the bosses etc. There is NOTHING IV CAN DO ABOUT IT (real genuine reasons). For those complaining about money, there was a thread on IV to sponsor tickets, provide accomodations etc. Why didn't you use those?
So whoever posts their "Confession" next, please sweeten it by showing you've done your penance - by posting details of your latest contribution to IV, done to atone your absence. That way, it will it help you get over your guilt (if you really have it), and also shutup those who question your genuineness.
if the movers of this thread have no objection i would like to close it.
i hope though in the meanwhile we can turn the discussion to more productive directions. there is much to be done yet.
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SkilledWorker4GC
07-14 12:57 PM
Is there a way to calculate the number of visas used this year? and how many are remaining? Plus how many are waiting?
Getting too anxious:(
Getting too anxious:(
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gneerajg
07-18 05:35 PM
I don't think that some employer is going to be so mean not proiding you the copies.Think positive and everything would be all right.I got rest of the receipts except of I-140
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AllVNeedGcPc
01-12 02:39 PM
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country...
How about GITMO guys? They were non-citizens, were not even in the country and were still given their rights... (still questionable if they should have been)
I think LS is a good idea, and we should pursue it.
There will be some frustrated guys, who wont do anything themselves and will pull leg of anyone who wants to do something. But we should keep going.
How about GITMO guys? They were non-citizens, were not even in the country and were still given their rights... (still questionable if they should have been)
I think LS is a good idea, and we should pursue it.
There will be some frustrated guys, who wont do anything themselves and will pull leg of anyone who wants to do something. But we should keep going.
more...
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jonty_11
06-22 12:54 PM
Does the new CIR Bill invalidate AC21...if yes then will it affect people who already have EAD before enactment of the bill.
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Macaca
09-21 12:01 PM
A nation that
continues to produce
soft-minded men
purchases its own
spiritual death
on the installment plan
Martin Luther King, Jr.
continues to produce
soft-minded men
purchases its own
spiritual death
on the installment plan
Martin Luther King, Jr.
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lonedesi
06-13 01:06 PM
But will the duration he was with company B while the petiton was pending with USCIS be considered as out-of-status if he returns to company A now? Also his H1b for company A expired while he was away at company B. Will his petition now be considered a transfer back to company A or will it be considered as a new H1 as it had expired few months back?
simplefun
03-06 08:24 PM
We should get 5-10 immigration firms like murthy or AILA to sponsor this research.
go_guy123
08-19 02:09 PM
H1bslave,
Are uou IT manager or working in non IT field. If you are in IT and non manager then doors are closed for you to go to Canada.
If you have plans of doing an MBA in future, then Canada would be a better option than US. Otherwise as uma001 points out, doors are closed for most professions except 38 occupations.
H1bslave, in your case your PD is Sep 5 EB2. I see something in the distant horizon. PD of 2007 and beyond or EB3-India I see no hope.
Atleast you can survive on a lifeboat called EAD and AC21.
Are uou IT manager or working in non IT field. If you are in IT and non manager then doors are closed for you to go to Canada.
If you have plans of doing an MBA in future, then Canada would be a better option than US. Otherwise as uma001 points out, doors are closed for most professions except 38 occupations.
H1bslave, in your case your PD is Sep 5 EB2. I see something in the distant horizon. PD of 2007 and beyond or EB3-India I see no hope.
Atleast you can survive on a lifeboat called EAD and AC21.
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