hydboy77
06-10 07:42 PM
You are the first guy who wrote a sensible post regarding CIR. Most if not all people here are delusional when it comes to CIR. I don’t trust Obama and Durbin to do any justice for Eb immigrants. The democrats agenda was always the illegals, as far as we EB are concerned they would prefer that we just get kicked out through endless RFE harassment from USCIS. The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants. So when the negotiations for CIR start Republicans will oppose any immigration so the democrats will strike a bargain with the republicans where they will ask for amnesty for illegals and in return they will happily throw the EB community under the bus by saying they are "reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system. Before people get angry ask yourself this question
1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
3. Did it eliminate country quota.
4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?
The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?
Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
1. Was there a visa recapture in the last CIR (don’t confuse with the first CIR which was passed by Arlen Specter which was the best CIR, it had visa recapture, it had STEM exemption)
2. Did it have Stem exemption i.e. exempt people who earned a Master and PHD from American universities from yearly green card quota?
3. Did it eliminate country quota.
4. Did it at least give an amnesty\interim type green card deal to honest legal EB folks like they gave to illegals?
The unfortunate answer to all those is a "NO" and this was when the president was Bush a republican, now you have Obama as the president and Durbin as his right man in senate. Does anybody really expect Justice for EB from these two?
Having said this I am not saying lose hope and pack up your bags. We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
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sravani
05-22 04:35 PM
may be "NOT FOUND" dated police report filed in their originating country, in that case its easy to get done in india.
Lol :D
Lol :D
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
2011 Rolling Stone Cover - 1998
Lasantha
07-04 01:55 PM
Congratulations!!!
Dear IV folks,
After a long long 7 years I finally received my Green Card y'day.
If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
Not sure if anything worked, but finally 180 day rule might have helped.
Finally ...it's a great sense of relief.
I was desperately needing it now as I wanted MBA loan & change of field etc.
Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
It's amazing that someone whom you don't know & have never met, inspire & guide so many others.
All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.
God bless you all.
-------------------------
IND
140 - Dec 2001 (EB3) BEC
140 - Aug 2005 (EB2) PERM
485 - May 2007
Dear IV folks,
After a long long 7 years I finally received my Green Card y'day.
If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
Not sure if anything worked, but finally 180 day rule might have helped.
Finally ...it's a great sense of relief.
I was desperately needing it now as I wanted MBA loan & change of field etc.
Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
It's amazing that someone whom you don't know & have never met, inspire & guide so many others.
All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.
God bless you all.
-------------------------
IND
140 - Dec 2001 (EB3) BEC
140 - Aug 2005 (EB2) PERM
485 - May 2007
more...
mariner5555
11-20 06:32 AM
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Above statement implies, housing crisis is because of not issuing green cards.
BTW, I don't have english blood in me ;););)
your implication is wrong ..you can imply anything from a statement.
the reason I support the above initiative is because it is the most cost effective approach. immigration will/does help housing since americans already have houses and they have fewer or no kids. so immigrants constitute a sizeable chunk. a person I had met once told me - as long as you make money for yr bosses and managers they will do a lot for you (we were talking about filing for GC's) - with the same approach if you include builders and car dealers - you could get them to support IV. but my view is since our community is so divided and selfish ..nothing will ever happen because of us. whatever good happens will be because of USCIS mistakes or else we will get GC's after the long wait
Above statement implies, housing crisis is because of not issuing green cards.
BTW, I don't have english blood in me ;););)
your implication is wrong ..you can imply anything from a statement.
the reason I support the above initiative is because it is the most cost effective approach. immigration will/does help housing since americans already have houses and they have fewer or no kids. so immigrants constitute a sizeable chunk. a person I had met once told me - as long as you make money for yr bosses and managers they will do a lot for you (we were talking about filing for GC's) - with the same approach if you include builders and car dealers - you could get them to support IV. but my view is since our community is so divided and selfish ..nothing will ever happen because of us. whatever good happens will be because of USCIS mistakes or else we will get GC's after the long wait
IV2007
07-24 04:23 PM
I applied for EAD renewal (efile) on June 2nd.
Did FP on 26th June.
recieved email yesterday !!!
Did FP on 26th June.
recieved email yesterday !!!
more...
eb3_nepa
11-08 04:26 PM
EAD, AP & FP notice are sent directly to the applicant. If you see the status of AP as document mailed then you should get within 2/3 days as they send by DHL. I got mine in 2 days, my wife also got in 2 days
AP is sent to the lawyer if you filed the G328
AP is sent to the lawyer if you filed the G328
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vkallank
01-11 02:34 PM
i have sent a hand written letter to President and a copy to IV. yet to contact law maker.
more...
reddog
02-27 05:13 PM
Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
hair the Rolling Stone cover
Gravitation
12-13 12:48 PM
Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
It's just a decision that state department makes. I'm not saying it's justified. I'm not saying that's how it should be.
I think the logic is that when India EB2 became Unavailable and EB2-RoW was Current (for example in Sept Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html
If EB2 RoW were flowing into EB3 RoW, this would not have been possible.
I think it's an attempt to bring EB3 on par with EB2 (this is just my guess).
It's just a decision that state department makes. I'm not saying it's justified. I'm not saying that's how it should be.
I think the logic is that when India EB2 became Unavailable and EB2-RoW was Current (for example in Sept Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html
If EB2 RoW were flowing into EB3 RoW, this would not have been possible.
I think it's an attempt to bring EB3 on par with EB2 (this is just my guess).
more...
kondur_007
06-10 03:50 PM
Completely baseless and irresponsible statement from Mr. Gotcher!!!
He contradicts his own statements:
"If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."
CONTRADICTS:
" EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."
On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):
"EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 India: November 1, 2001"
AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:
"Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."
Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...
He contradicts his own statements:
"If these statements are true, then the end of the current mess is in sight.
If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer."
CONTRADICTS:
" EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year."
On what basis he thinks that EB3 India will have PD in 2001 but EB2 India will further retrogress (currently it is stuck in 1999):
"EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
EB3 India: November 1, 2001"
AND THE MOST OUTRAGEOUS REMARK IS FOR CIR: Look at this:
"Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years."
Yeah...right...this is same Mr. Gotcher who predicted that "if you do "consular processing" you will get your GC very soon as USCIS does not process cases"....Look what happened...
hot the Cover of Rolling Stone
ramus
07-02 04:03 PM
at the end please put total..
Thanks..
Thanks..
more...
house rolling stone cover story,
p7810456
12-05 05:14 PM
I keep hearing that SS Funds are gonna be exhausted when our generation retires and probably no-one here in US will be able to get anything, in that case, how can we hope that we'll get some being in india at that time?
I seriously doubt it.
I seriously doubt it.
tattoo Talk in Rolling Stone
nag2007
10-11 04:37 PM
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
more...
pictures How lovely is this cover of
reddy77
07-03 02:25 PM
My Expenses :
Medicals - 600
Shots - 80
Gas - 100 (total of 600 miles)
Attorney - 1300
Affidavits - 30
took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.
Medicals - 600
Shots - 80
Gas - 100 (total of 600 miles)
Attorney - 1300
Affidavits - 30
took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.
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andy garcia
12-30 01:04 PM
Longq,
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
From November 2005 Visa Bulletin
HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
* The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
* In recent years, the application of the rules outlined in AC21 has allowed countries such as China � mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
* During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
* To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
more...
makeup Image credits: Rolling Stone
obviously
05-13 09:11 PM
Divorce in India takes a minimum 1 year to adjudicate if you were married less than 1 year. Otherwise, it is up to the discretion of the judge. Courts in India require a 'cooling period', with 'counseling / mediation'. Latter is basically a a sham.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
girlfriend ieber rolling stone. pa_arora
Sunx_2004
10-11 11:36 AM
I know one of my friends got his GC in April this year EB3 India, PD Aug 2001.
So they did approve some cases, very few though.
Is this something to be concerned of, Absolutely. USCIS should release the monthly statistics of approvals in each category.
It is something to be concerned about, they don't seem to be have approved any EB3-I after July 07 (or may be they approved a very tiny number).
June 03 was the cutoff in June 07 and after that it hasn't crossed Nov 01 ever, till date. Very weird.
So they did approve some cases, very few though.
Is this something to be concerned of, Absolutely. USCIS should release the monthly statistics of approvals in each category.
It is something to be concerned about, they don't seem to be have approved any EB3-I after July 07 (or may be they approved a very tiny number).
June 03 was the cutoff in June 07 and after that it hasn't crossed Nov 01 ever, till date. Very weird.
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javadeveloper
01-09 11:37 AM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
As per my knowledge:
You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
As per my knowledge:
You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.
bombay
12-27 01:04 PM
We should be happy that we would be much better than the local guys after gettting our green card. We can offshore jobs to our native countries and earn good money and retire soon.
Every coin has two sides, offshoring is good as well as bad. I am from non IT field and would offshore my jobs to india as soon as i get my green card. I hope not much americians can compete me but some chinese can.
Every coin has two sides, offshoring is good as well as bad. I am from non IT field and would offshore my jobs to india as soon as i get my green card. I hope not much americians can compete me but some chinese can.
WeShallOvercome
11-30 12:21 AM
.
One thing , did any other reputed site report this news ?
It's on Greg Siskind's blog as well
One thing , did any other reputed site report this news ?
It's on Greg Siskind's blog as well
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