svr_76
06-14 03:11 PM
Yes a new memo was issued in 2009 (After DHS confirmed that they have worked with FBI to reduce the response time.) Now since FBI claims that 90/95% of the requests are happening within 6 months. DHS/USCIS is not allowing automatic approval of GC is FBI check was the only peice pending and was pending for more than 180 days.
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jp_blr
06-19 03:58 PM
Raj, Thanks for the reply. I am still looking out for the bride which is the reason it may take about a year or so.. So no chance of civil ceremony in a months time.
I have few more questions..
1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?
2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.
Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
So far, does it sound correct ? If not, please correct me..
If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.
Any thoughts?
There are so many stages where you can apply the breaks. Like if you get your FP too soon..you can reschedule the date or even withdraw the I-485 application later. Other option is to convert to CP. There are so many options and talk to your attroney.
I feel you should file now, try to do civil ceremony done in india in 30-45 days so you are safe.
I have few more questions..
1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?
2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.
Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
So far, does it sound correct ? If not, please correct me..
If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.
Any thoughts?
There are so many stages where you can apply the breaks. Like if you get your FP too soon..you can reschedule the date or even withdraw the I-485 application later. Other option is to convert to CP. There are so many options and talk to your attroney.
I feel you should file now, try to do civil ceremony done in india in 30-45 days so you are safe.
purplehazea
05-24 02:45 PM
What we are seeing and hearing in congress is the overwhelming ignorance and lack of understanding of the contributions made by H1B and GC aspirants to the US economy. There is the wise saying that "Everything happens for a good reason". We have been trying so hard for last 2-3 years to make these politicians realize and to make corporate America realize that they need to do something about our problems because of our value proposition. Apparently all these calls have only backfired and caused the anti-immigrationists to lobby even harder and pull the strings of politicians to make them do as they please. Whether we like it or not, unless the raw brunt of a mass exodus of educated work force is not felt by this country, there is no way for them to understand how wrong they are. EB category has never had loyal support. All of the corporate america support has rested on the need for H1B. We have been abused by this system and forced to feel that we have abused this system. I think we have been told in a million ways by now that we need to find a Plan B. I feel bad yet no remorse for the thousands of H1Bs who do nothing to support the cause of organizations like IV. As someone once said, most of them are very laid back and will not worry about the problems untill someone tells them to buy their return tickets back home. We are very happy with eating samosa and tea and do not have the perspective to realize what threats lie on the horizon. I say this based on actual conversations with some of these people who literally scoff at me and think I am off my rocker when I discuss the repurcussions of no reforms. Like the prehistoric animals who did nothing to adapt in the full view of changing environmental conditions, these laid back folks will realize only too late.
2011 Friendship Quotes Comments
ramaonline
04-28 01:41 PM
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
more...
akred
05-24 01:12 PM
Let's see -
1. USCIS doesn't have the resources to enforce the law.
2. Keeping legal status is very hard to impossible.
3. Being illegal pays off with amnesty
So the conclusion is clear - go stand in line for a Z1. The documentation required is flimsy (some affidavits).
1. USCIS doesn't have the resources to enforce the law.
2. Keeping legal status is very hard to impossible.
3. Being illegal pays off with amnesty
So the conclusion is clear - go stand in line for a Z1. The documentation required is flimsy (some affidavits).
eager_immi
02-14 07:43 AM
Listen we are giving our hard earned money to this group, we beleive that they are the only ones fighting our cause. Can you please name one more org/group that is doing the same. The industry that includes esteemed Bill Gates wants more H1bs, no on talks about our releief. What open mind are you talking about? Get a reality check. We are not a frat house here that we are applauding each other. We want constructive criticism... e.g. if you think you are a better leader step up and say you can do x, y, z.
If you cannot give contructive critisim then the rest of us would appreciate that you don't vent ur frustrations here, because see how much harm you do by making us respond to your personal frustrations.
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
If you cannot give contructive critisim then the rest of us would appreciate that you don't vent ur frustrations here, because see how much harm you do by making us respond to your personal frustrations.
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
more...
amitga
02-01 02:03 PM
In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.
Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.
Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.
In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.
Substituted labor has further added to this problem.
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.
Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.
In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.
Substituted labor has further added to this problem.
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
2010 Posted in Best Friend Quotes
chicago60607
09-17 11:24 AM
Started finallyyyyyyyyy ........... but no audio yet
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DareYouFireMe
01-29 06:01 PM
By the way, How long it takes to get EB2 labor these days?
hair Re: Friendship Quotes amp; Images
bigboy007
07-18 03:21 PM
when i spoke i didnt speak to normal CS rep they forwarded to me Info officer at Nebraska service center , now the key point is they clearly informed us that they have withdrawn the earlier notice and they said they have to open these july files. If they have just completed june filings they wouldnt have even touched july ones for sure. May be the ones returned which are very small in number are for casing whose dates are not current . for ex. if some one has sent app in normal pririty post expecting to reach on july 2 but reached early and got rejected it happened. so its pretty clear none of us have got the files back , all of three attorneys to comp said the same , my friends attorneys said the same , so we dont get in to too many things now , lets wait till next week or around 25th if we still dont receive then they asked me call back so that they can escalate this , she claims even when they reject they have to create a rejection letter and she clearly told that she was not aware that NSC did that type for these July ones.
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pappu
11-16 12:34 PM
PAPPU,
I got a response from the dowjones guy .Mark.Boslet@dowjones.com
I will write to him.
On a side note, It appears that false propaganda is being spread about our taxes and SS contributions we make to raise more anti feelings about us.
To the contrary we contribute to the SS coffers without making use of it. We need to counter this.
Thanks pls follow up with him. more people writing to reporters will help convert a suggestion into a printable Article
I got a response from the dowjones guy .Mark.Boslet@dowjones.com
I will write to him.
On a side note, It appears that false propaganda is being spread about our taxes and SS contributions we make to raise more anti feelings about us.
To the contrary we contribute to the SS coffers without making use of it. We need to counter this.
Thanks pls follow up with him. more people writing to reporters will help convert a suggestion into a printable Article
hot friendship quotes and pictures
YesGC_NoGC
12-17 09:55 PM
I am on H1 for 9th year. I recently used AC21 using H1 Transfer. New H1 Got approved in October. But today I just saw this mail.. this some old H1 for old employer....
Anyone what next steps do they ask in the Notice that they have mailed?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: WACXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on December 17, 2008, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
Anyone what next steps do they ask in the Notice that they have mailed?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: WACXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on December 17, 2008, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
more...
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paskal
05-23 03:45 PM
WHY is she backing the bill..what is her motivation? or did she just decide to do a gandhi on us all?
> i am not berating anyone for that matter!
When lawmakers support certain bills..its because of the interst groups that back them..not their inner calling!
"If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. "
this bill is a great example. iv is the only organization that ahs pushed for it. a bunch of "non voters". our constant pushing has helped bring lawmakers to our side and even corporations taht never cared about thsi before now have it on their agenda.
our voices count.
we use them in many ways. each way is important in this system.
> i am not berating anyone for that matter!
When lawmakers support certain bills..its because of the interst groups that back them..not their inner calling!
"If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. "
this bill is a great example. iv is the only organization that ahs pushed for it. a bunch of "non voters". our constant pushing has helped bring lawmakers to our side and even corporations taht never cared about thsi before now have it on their agenda.
our voices count.
we use them in many ways. each way is important in this system.
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eastindia
01-22 10:15 AM
H1B descrimination - Fighting it legally ?
Are you kidding me. How can you fight it illegaly.:D:D:D
The question is who will fight it. Lawyer website are posting information. But none of them have filed a lawsuit if they really cared about this issue.
Are you kidding me. How can you fight it illegaly.:D:D:D
The question is who will fight it. Lawyer website are posting information. But none of them have filed a lawsuit if they really cared about this issue.
more...
pictures dresses Friendship Quotes
pappu
09-29 01:27 PM
I have come across some cases where GC aplication I140 was reopened after being approved. So this is no surprise. While I could not find the reasons fully in many cases, why cases were reopened as people tend to hide the true reasons. I think for GC applications the reasons may have included-- suspicion of fraud/complaint against the employer/Ability to pay after seeing more GC applications in the same company and thus reopening past cases/Bona fide intension of the employee to join the company after seeing some irregularity in the immigration applications/too many GC applications or H1B applications from the same company and thus a red flag for an H1B dependent employer.
The best solution in such cases is to first find out the reasons and weakness in your case. Each case is different and one cannot generalize. So each applicant will know their reasons. If the case is reopened, then don't panic. But if you get an RFE, the immediately contact a good lawyer and answer it.
The best solution in such cases is to first find out the reasons and weakness in your case. Each case is different and one cannot generalize. So each applicant will know their reasons. If the case is reopened, then don't panic. But if you get an RFE, the immediately contact a good lawyer and answer it.
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gc_chahiye
07-26 12:30 AM
Advantages of EAD far outweigh the disadvantages. Unmarried individuals of PD 02,03,04(eb3) might have a reason to worry but not the rest.
there is one other catch in EAD (not just for unmarrieds): if your I-485 is denied you go immediately out-of-status and need to leave the US. If you have maintained H1, you can stay until that runs out (no further extensions though). So there is a safety net that H1 provides because of which many (esp. primary applicants) maintain their H1 even as they use AC21 etc. Also recommended by Murthy, Fragomen etc.
there is one other catch in EAD (not just for unmarrieds): if your I-485 is denied you go immediately out-of-status and need to leave the US. If you have maintained H1, you can stay until that runs out (no further extensions though). So there is a safety net that H1 provides because of which many (esp. primary applicants) maintain their H1 even as they use AC21 etc. Also recommended by Murthy, Fragomen etc.
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makeup Friendship Quotes Tagged
srini1976
11-13 10:39 PM
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
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Hassan11
03-13 04:14 PM
accorinf to your PD, you have been current since March VB. is that right??
I hope this means more movement in the coming months too, my best to everyone :)
I hope this means more movement in the coming months too, my best to everyone :)
hairstyles Friendship Quote
DesiGuy
09-17 11:31 AM
back for me too.
they are speaking abt 6020...ours is next
they are speaking abt 6020...ours is next
nc14
03-08 02:24 PM
Macaca, you are so right in asking those blunt questions but is that going to make a difference? I dont think so, your audience here is very thick skinned and will come up with all the BS in the world to not contribute.
I think we should not allow Leechers to start new threads. Conservation of resources should also be on the priority list when raising the money is such a difficult task.
Well said, logic life too.
__________________________________________________ ____
$20 recurring contribution since Jan 2007
I think we should not allow Leechers to start new threads. Conservation of resources should also be on the priority list when raising the money is such a difficult task.
Well said, logic life too.
__________________________________________________ ____
$20 recurring contribution since Jan 2007
vgayalu
09-14 06:26 PM
Rather than pushing for Bills which will pass only after we get a GC, why don't we ask for something more practical. I mean ask for minor policy changes rather than asking for major law changes.
Like,
1- granting EADs to all who have completed I-140,
2- reducing the timeframe to apply for AC21 from 6 months to 3 months,
This will solve a lot of people's immediate problems.
There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.
What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.
Well said Dan19.
I am barking for the same thing for n number of times.
Like,
1- granting EADs to all who have completed I-140,
2- reducing the timeframe to apply for AC21 from 6 months to 3 months,
This will solve a lot of people's immediate problems.
There are many people who couldn't get their status readjusted due to retrogression after filing I485, but could get EAD atleast.
What does that mean? It means by law only a certain amount of GCs can be issued in any year, but USCIS may issue more EADs based on one of their policies.
Well said Dan19.
I am barking for the same thing for n number of times.
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