jsb
08-21 02:13 PM
What do u mean by genuine RFEs....
My RFE was to prove status from 1999 to 2003..show I-20/EAD/F1/H1 etc....
Regardless of RFEs what I meant was preadjudication is a myth....anyone can get an RFE whether he is preadjudicated or not....
U can get RFEs for the silliest of reasons...and once you get that RFE it does not matter if it is genuine or not....you have to respond and your case gets delayed.
I don't understand why members in this forum are so hopeful that if they are preadjudicated then it is a matter of time (and soon) they will get green.
SoP
Well, as I gave some examples, a genuine RFE is non-subjective, for something missing/incorrect which has to be addressed. By non-genuine I meant something where an IO decides to asks for additional info to clear something for which he/she had a reasonable (for him/her) doubt. Of course, all RFE,s have to be answered. For preadjudicated cases which have not been waiting long, and nothing has changes since preadjudication, there should be a little chance of a fresh RFE.
For your case, if documents attached with your I-485 did not prove that throwout your stay in the US you were covered by some type of legal status, they have to ask you to prove it. One of the conditions to get you a GC is that you were never illegally present in US.
My RFE was to prove status from 1999 to 2003..show I-20/EAD/F1/H1 etc....
Regardless of RFEs what I meant was preadjudication is a myth....anyone can get an RFE whether he is preadjudicated or not....
U can get RFEs for the silliest of reasons...and once you get that RFE it does not matter if it is genuine or not....you have to respond and your case gets delayed.
I don't understand why members in this forum are so hopeful that if they are preadjudicated then it is a matter of time (and soon) they will get green.
SoP
Well, as I gave some examples, a genuine RFE is non-subjective, for something missing/incorrect which has to be addressed. By non-genuine I meant something where an IO decides to asks for additional info to clear something for which he/she had a reasonable (for him/her) doubt. Of course, all RFE,s have to be answered. For preadjudicated cases which have not been waiting long, and nothing has changes since preadjudication, there should be a little chance of a fresh RFE.
For your case, if documents attached with your I-485 did not prove that throwout your stay in the US you were covered by some type of legal status, they have to ask you to prove it. One of the conditions to get you a GC is that you were never illegally present in US.
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ilikekilo
09-08 10:21 AM
r u serious
chanduv23
02-05 09:13 AM
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
While what you say is from a very neutral perspective as you see things from the other side of the wall, it may not be 100% true in what you think it is. These agencies or companies are a creation of the system, tons of people come from India to fill job positions and systems have been designed to accommodate that. Companies like Wipro, Infosys, etc... have HR people stamp their own H1b visa and send people in a bunch to the consulate for verification.
Indian companies do not 'FAVOUR" Indian workers, but take advantage and try to "EXPLOIT" Indian workers to cater to businesses.
The way the system works is, there is always available pool of talent for American businessess, these happen with rules being framed to accmomdate skilled workers.
Just like how Jewish people good in Financial stuff, Indians have been immigrating in skilled worker category.
While from your perspective you seem to think that it is some sort of Mafia trying to break rules and taking law in its own hands, favouring thier countrymen, it is because you don't have such a big infrastructure in China or Philippines etc... it is again the same Indian companies that are opening up branches in Singapore, Malaysia, Shangai, etc.. and reqruiting people from there too. Chinese consulting companies are now operating in full fledged manner these days and there seem to be companies that cater to Chinese Canadians looking for jobs in USA by providing them a TN visa letter and bringing them to US and place them in Client locations.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
While what you say is from a very neutral perspective as you see things from the other side of the wall, it may not be 100% true in what you think it is. These agencies or companies are a creation of the system, tons of people come from India to fill job positions and systems have been designed to accommodate that. Companies like Wipro, Infosys, etc... have HR people stamp their own H1b visa and send people in a bunch to the consulate for verification.
Indian companies do not 'FAVOUR" Indian workers, but take advantage and try to "EXPLOIT" Indian workers to cater to businesses.
The way the system works is, there is always available pool of talent for American businessess, these happen with rules being framed to accmomdate skilled workers.
Just like how Jewish people good in Financial stuff, Indians have been immigrating in skilled worker category.
While from your perspective you seem to think that it is some sort of Mafia trying to break rules and taking law in its own hands, favouring thier countrymen, it is because you don't have such a big infrastructure in China or Philippines etc... it is again the same Indian companies that are opening up branches in Singapore, Malaysia, Shangai, etc.. and reqruiting people from there too. Chinese consulting companies are now operating in full fledged manner these days and there seem to be companies that cater to Chinese Canadians looking for jobs in USA by providing them a TN visa letter and bringing them to US and place them in Client locations.
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paskal
12-19 09:14 PM
I'll second that...especially the mini celebration part :-)
go for it iv members, let's get to 50% asap
let us surprise ourselves with what we can do when the collective will is there!
go for it iv members, let's get to 50% asap
let us surprise ourselves with what we can do when the collective will is there!
more...
dwhuser
08-11 11:59 AM
Please dear god..... let them consider priority date instead of the notice date. Mine is Oct 15th 2007. Our priority dates were current for three times and our application never touched, all our friends March 2006 to Jun 2006 filers got their cards a couple of years ago....:rolleyes:
Please....please....dearlord.....
I am so sorry for the EB3 filers...hope their dates will pick up the wind.....
Please....please....dearlord.....
I am so sorry for the EB3 filers...hope their dates will pick up the wind.....
gconmymind
07-09 08:26 PM
According to DHS statistics there are around 50,000 EB2 lndia Labors in 2004 and 2005 each. So ppl with 2005, 2006 priority dates you can wait around 6-7 years for ur priority dates to be current with annual limit of around 5000 for EB2 India
That number seems very high. It cannot be that much, just my gut feel...
That number seems very high. It cannot be that much, just my gut feel...
more...
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tdasara
02-04 02:16 PM
Alisa
All we are doing is speculating!
All we are doing is speculating!
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Be_Pragmatic
07-17 07:19 PM
Thanks to IV team and to everyone. You all have gained some Karma!!!
more...
reddymjm
03-09 05:20 PM
Pledged $25, donated $50
Thank u for still being around and supporting us(IV).
Thank u for still being around and supporting us(IV).
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vbkris77
03-06 12:55 PM
Is there any mention of the timeframe for the report?? Are they going to get to it when they get to it??
more...
desi3933
07-20 04:40 PM
Can someone advice on this.
Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
Can I leave my job after applying AOS or I have to wait till We get receipts of 485?
Thanks in advance.
After applying for I-485 you are in AoS Pending status and you can leave the current job without being out of status.
You should probably wait until I-485 is delivered.
_________________
Not a legal advice.
Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
Can I leave my job after applying AOS or I have to wait till We get receipts of 485?
Thanks in advance.
After applying for I-485 you are in AoS Pending status and you can leave the current job without being out of status.
You should probably wait until I-485 is delivered.
_________________
Not a legal advice.
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ksircar
12-18 09:11 PM
My fourth contribution of $100 is on its way ... should reach IV Office by 12/22/2006.
C'mon friends, please contribute. This is for our own cause. You will get 100 times more money once this problem is solved. You will be able to save thousands on H1B fees, Attorney's fees, INS fees, etc. etc. etc.
C'mon friends, please contribute. This is for our own cause. You will get 100 times more money once this problem is solved. You will be able to save thousands on H1B fees, Attorney's fees, INS fees, etc. etc. etc.
more...
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rxk2303
08-10 11:20 AM
Best thing to do is stay here till your visa extension is due,and apply for extension from here,you will get new 194 with your extension if its approved.
hope they dont notice it,usually they dont..but take attorney advice.
Thanks for the advice Maco. I will contact couple of Attorneys for sure.
~rxk2303
hope they dont notice it,usually they dont..but take attorney advice.
Thanks for the advice Maco. I will contact couple of Attorneys for sure.
~rxk2303
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chintu25
08-21 04:02 PM
As per one of the patrons on another thread an IO showed him a memo recieved by USCIS suggesting that all Visa numbers for EB2 India/China were exhausted
Originally Posted by cableching
I had a Fingerprint appointment for my EAD today at ASC, after the fingerptints, I went to the IO to ask about my Namecheck status, she's very nice lady, though I didn't have an Infopass appointment for any enquiry, she did offer to help. She showed me DOS Memo she just received about no more visas for India/China EB2 for this fiscal year. She did infoact show us the memo.
She did check mine and my wife's Name Check. Luckily our name check is cleared and she told we have to just wait for the visa numbers.
Originally Posted by cableching
I had a Fingerprint appointment for my EAD today at ASC, after the fingerptints, I went to the IO to ask about my Namecheck status, she's very nice lady, though I didn't have an Infopass appointment for any enquiry, she did offer to help. She showed me DOS Memo she just received about no more visas for India/China EB2 for this fiscal year. She did infoact show us the memo.
She did check mine and my wife's Name Check. Luckily our name check is cleared and she told we have to just wait for the visa numbers.
more...
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agiridhar
12-20 07:07 PM
contributed $50.
Thanks,
Thanks,
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darkblue2007
10-13 11:56 AM
Yup, issues regarding passport should be taken seriously. We need to keep track of all dates in and out of US, name change, correct names, spell check etc., otherwise it will delay the process when time comes.
more...
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harish28
04-11 09:46 AM
I am going to file my h1 application tomorrow under the master's qouta. I know its nearly impossible that my petition would be approved but I have no other choice. I just have one question:
1. Should I go for a premium processing?
<<My OPT expires may 15th and my employer is still willing to file my h1 tomorrow. If I go for premium processing, that will atleast stop me from getting an admit into a community college this fall to maintain my status>>
Advice please. Also there is no way they will increase the h1b on the master's qouta, right ?
Well if you OPT expires on the 15th of May you'll be out of Status till the H1 is active. And i believe the H1 visa would be active only by the first week of October. So you'll have to be in Status till October. I gues you would still consider the community college thing.. I believe i'm correct but i would want a senior member to clarify this..
1. Should I go for a premium processing?
<<My OPT expires may 15th and my employer is still willing to file my h1 tomorrow. If I go for premium processing, that will atleast stop me from getting an admit into a community college this fall to maintain my status>>
Advice please. Also there is no way they will increase the h1b on the master's qouta, right ?
Well if you OPT expires on the 15th of May you'll be out of Status till the H1 is active. And i believe the H1 visa would be active only by the first week of October. So you'll have to be in Status till October. I gues you would still consider the community college thing.. I believe i'm correct but i would want a senior member to clarify this..
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paskal
12-18 05:10 PM
yup...that should be doable for all
$20 each person
more if you can
but do the 20!
$20 each person
more if you can
but do the 20!
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Rajeev
11-29 01:00 PM
Contributed $100 today through google checkout
Order Details - Nov 29, 2007 12:51 GMT-05:00
Google Order #158495905782644
-----------------------------------------
Contributed $620 so far. More to come
Order Details - Nov 29, 2007 12:51 GMT-05:00
Google Order #158495905782644
-----------------------------------------
Contributed $620 so far. More to come
maddipati1
07-17 09:32 PM
where's that 'STOCKHOLM SYNDROME' dude :-)
GCDream
12-19 10:34 AM
I just contributed $40.:)
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