intheyan
10-19 02:35 PM
Hi,
Thanks a lot for reading this Question. Thanks in advance for your valuable suggestion. My friend initially came on H1 visa. Her Husband is the primary applicant for Green Card and she was working on H1 visa without break. Now she is on EAD and joined a job in EAD got 2 months pay stubs( ie 8 weekly pay stubs). After that got 3 months break. Her status now is on I-485 and no more on H1. Note: Her husband was the primary applicant and she applied I-485 through her husband's GC.
Her husband got the GC card and she is waiting for her's. While her husband received the GC she was working on her EAD.
Now the question is Will the break in her work on EAD be a problem for getting her GC?.
Thanks a lot for reading this Question. Thanks in advance for your valuable suggestion. My friend initially came on H1 visa. Her Husband is the primary applicant for Green Card and she was working on H1 visa without break. Now she is on EAD and joined a job in EAD got 2 months pay stubs( ie 8 weekly pay stubs). After that got 3 months break. Her status now is on I-485 and no more on H1. Note: Her husband was the primary applicant and she applied I-485 through her husband's GC.
Her husband got the GC card and she is waiting for her's. While her husband received the GC she was working on her EAD.
Now the question is Will the break in her work on EAD be a problem for getting her GC?.
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jthomas
05-31 01:41 AM
...
vdlrao
07-21 05:33 PM
Spillover is usually USCIS inefficiency to allocate them. The law says USCIS can leave some visa unassigned but cannot over assign even a single visa for a year.
This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.
This UNUSED VISAS OF FAMILY BASED are not due to the inefficiency of USCIS but because of the 7% limit for each country and 2% for dependent areas of family based visas.
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chiragmodi
09-28 07:18 PM
Is it mendetory to file AC21 if your job title and duties are identical in your new job???
Thanks.
Thanks.
more...
TomPlate
07-03 09:36 PM
Can we organize a skype conference chat. Please let me know.
satishku_2000
06-27 06:03 PM
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
http://www.immigration-law.com/
I dont think I will be able to file by July 2nd anyway . I sent my forms last week and I have no idea or update from lawyers office . This could be fun .. Hope I did not waste close to $1000 in this madness to file my 485.
http://www.immigration-law.com/
I dont think I will be able to file by July 2nd anyway . I sent my forms last week and I have no idea or update from lawyers office . This could be fun .. Hope I did not waste close to $1000 in this madness to file my 485.
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lazycis
12-13 04:22 PM
It does not violate the constitution so we better of concentrating on other issues. The country has a right to regulate foreign relationships as it sees fit. It does not have to treat all countries equally. Some countries are eligible for DV lottery, some not. Also, per-country limits for employment-based visas apply to those who are in the US and to those who are not.
We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.
We have to push Congress for changes, not courts. Some laws can and should be challenged, but this is not the case.
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binadh
07-11 12:45 PM
BharatPremi,
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
Chanduv23,
Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?
Same applies to you.. If you are so crazy about Bharat, what are you doing here.... HEHEHE. Just thought that it was kinda funny statement because of your name....BharatPremi --- :D
Chanduv23,
Even that Angelina seemed to be crazy about USA. If S/he would be happy about everything in Canada why the hell s/he even visit immigration related boards meant for USA?
more...
srkamath
07-30 09:10 AM
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
This Ron Gotcher guy does not seem to get it.... he has an agenda, I dont buy his logic. It is unlikely that ~ 50 cases at consular posts are enough motivation to move dates forward by two years.
It took roughly one year for EB2-I dates to advance beyond April04 from the time it first got to April 04.
We know 2005 is a lean year.
It is likely that it will take almost a year before EB2-I dates advance beyond June06.
Those with PD < June06 that do not get a GC by Sep08 can expect to get it by Sep 09. Until then we will see some short term swings between 2003 and 2006.
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amitjoey
01-13 12:27 PM
I wish- Logiclife would answer this thread. He has a way to explain things and put things in perspective. He is very direct and I like that.
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shukla77
05-29 04:07 PM
All those people who are saying let us inform USCIS, if 50% of them go home today and draft letter and post or email it, then that will be significant achievement for today. Emotional exchanges without any concrete plan after a bad news is norm here. Look at the past few bulletins. Let us do gandhigiri, let us do flower campaign, let us do rally, questiion is WHAT WE REALLY DO not "LET US".
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garybanz
12-14 05:18 PM
--What you said sounds very interesting. But it got me thinking, what if the merit is equally distributed by the country of origin and there is a limit to the opportunities this country can provide?
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?
For diversity this country has diversity lottery visa this is for the society to have people of different countries/ languages/ foods/ dresses/ colors etc
, EB visa is for the economy to get the talent it needs to be competitive in this world. There is a huge difference.
Let us say there are 140,000 EB visas given every year. Based on pure merit and sans any regard to nationality. Don't you think it could potentially lead to more visas being consumed by one country?
What if this country wants to ensure diversity to its social fabric?? How do they go about doing that?
For diversity this country has diversity lottery visa this is for the society to have people of different countries/ languages/ foods/ dresses/ colors etc
, EB visa is for the economy to get the talent it needs to be competitive in this world. There is a huge difference.
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snram4
01-17 10:14 AM
Even if it is ok to fight how much resource IV have it to fight multiple issues. Resource means not just money but also time, manpower and effort. Most of the issues can be resolved if EB reform is done as people need not renew H1b as most can get GC within 3 years. Law clearly tells that there should be valid job position for H1b at the time of filing. For consulting bodyshoppers will bring persons here and search for job. That is clearly violation of law.
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
But certainly it can be requested to USCIS to change if geneunie persons are impacted. If memorendum is violation of law then USCIS will face lawsuit and you can also do that
There is no such requirement for fresh H1B as well as renewal as per Law. That is why we call it an ILLEGAL memo. We all need to fight this together.
NB: I am not a specialist in law
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poorslumdog
05-03 01:23 AM
:D:D:D
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
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ksvreg
10-15 03:24 PM
If spillover works, logic is simple. Pending applications ~290K. Quot available ~140k
So, in just two years, every category should be current. Lets not scratch our heads.
Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.
Otherwise our math will always be different from DOS/USCIS math on visa dates ;)
So, in just two years, every category should be current. Lets not scratch our heads.
Please work out the data versus pending/quota/spillover. Do VISA DATES ENGINEERING. And figure out the visa dates process/workflow and put in front of DOS/USCIS to adopt. Or lobby to adopt. or rally to adopt.
Otherwise our math will always be different from DOS/USCIS math on visa dates ;)
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hopefulgc
05-29 09:25 AM
Seems like Mr. charles is full of shit. He is sounding "informed" but i don't think they know what the real numbers are....YET. It showed inadvertently, when he said "based on the Eb3 demand for the rest of the year". Hello.. EB3 is unavailable.
I mean what do you expect him to do when you corner him and start asking him questions. He is gonna have to throw numbers out there to make himself look informed and intelligent and on top of his game.
The sad part is he is going to now set the VBs as he stated here to validate his erroneous statements.
1. Employment-Based Visa Number Movement and Predictions
I mean what do you expect him to do when you corner him and start asking him questions. He is gonna have to throw numbers out there to make himself look informed and intelligent and on top of his game.
The sad part is he is going to now set the VBs as he stated here to validate his erroneous statements.
1. Employment-Based Visa Number Movement and Predictions
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smisachu
06-16 03:58 PM
On the Mark:)
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
I am waiting in the line as well for GC or to be sent back home and personally, I want everyone to get their GC and don't agree with dilipcr. Kind of off-topic but I made this observation:
IMHO simsachu's reasoning is sound.
Your example is not the same as simsachu's. simsachu assumes there are way more "bad" fish compared to the good one's in the population. Hence you need to catch more fish to come across a "good" one.
You assume the opposite (there are very few bad fish) and hence come to the conclusion that catching more fish would net you more bad fish (but way more "good" fish as well) as well. But given your assumption, it is puzzling why you want to have lesser number of GC's (if indeed that is what you are advocating, I haven't read all the messages in the thread) when you assume there are way more "good" candidates than bad.
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H1B-GC
02-06 02:44 PM
i consider Mathew Oh,the most considerate and highy respected.His Q&A's are very individual centric but still answers those questions and posts those on his site.He provides links to other sites like immigrationportal.com though both of them are in immigration business(Simply Amazing).And he was the only one who was helpling us or showing real concern during s.1932 fiasco.Simply an Oustanding guy.Next comes Rajiv khanna since he never moderates the forum or censors other immigration sites in the forum.And for his lawsuit on behalf of all EB immigrants in 2002/2003.
And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D
And Regarding s.1932,it was posted on the Murthy site as breaking News :eek: after a week i believe that the Bill wasn't passed in the senate/house.It was a Joke of 2005!! :D
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Jerrome
09-14 05:05 PM
Your assumption is correct, But i am not sure if the spillover happens every quarter. Are you sure it happens every quarter. I thought it happens only @ last quarter.
msp1976
05-10 04:47 PM
Other countries donot have large enough economies to absorb as many immigrants as the US does...The US accepts 800K + immigrants every year..
Austrelia accepts 120K+ canada 220k+ Nobody matches the US in sheer numbers and standard of living immigrant can achieve. All the rest is baloney...
Austrelia accepts 120K+ canada 220k+ Nobody matches the US in sheer numbers and standard of living immigrant can achieve. All the rest is baloney...
gc28262
06-05 03:14 PM
Country cap was introduced with a racial intent. It was never meant for diversity.
Let us call country cap what it is : racism
Let us not fool ourselves by thinking it is meant for diversity.
Please refer the law that introduced country cap.
Please refer INA 1965
http://en.wikipedia.org/wiki/Immigra...ty_Act_of_1965 (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Highlights:
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
Let us call country cap what it is : racism
Let us not fool ourselves by thinking it is meant for diversity.
Please refer the law that introduced country cap.
Please refer INA 1965
http://en.wikipedia.org/wiki/Immigra...ty_Act_of_1965 (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Highlights:
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
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