reddymjm
09-10 06:12 AM
IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
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sbabunle
12-28 10:07 PM
Anybody tried timesof India?
ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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chanduv23
03-07 08:37 AM
Chandu,
I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
AC21 package... any idea how much do they charge ?
Also if i use any attorney for coining just the "AC21 reply" will it change my case representation ? i mean do i have to use attorney for future communications as well ?
Thanx
I don't deal with Rajiv or Sheela - in fact I approached their offices during the July fiasco but was told that they are not taking any new clients.
Others maybe able to help you with your answer.
I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
AC21 package... any idea how much do they charge ?
Also if i use any attorney for coining just the "AC21 reply" will it change my case representation ? i mean do i have to use attorney for future communications as well ?
Thanx
I don't deal with Rajiv or Sheela - in fact I approached their offices during the July fiasco but was told that they are not taking any new clients.
Others maybe able to help you with your answer.
more...
rajuram
11-11 10:43 AM
WE SHOULD try to MARKET HOW the high tech IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES.
Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....
Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....
eb2_mumbai
02-09 01:31 PM
Why am I not suprised with this news?
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
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kaisersose
07-14 05:56 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
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IfYouSeekAmy
08-21 03:54 PM
I am truly sorry for your situation and applogize for the lousy way people in this forum are treating you. It seems you have done everything honestly and legally. From your story I do not see any wrong intentions or trying to stay here illegally. If that was the case I don't see why you filed the pettion anyway so looks like you have done the right thing. I wish I could help. The only advise I could give you is to see if you can get an extension on the 30 day period. I do not know if that is possible but I sincerely hope that things will work out for you!
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.
more...
vin
09-28 04:08 AM
Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
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akilhere
10-14 10:09 AM
That's better. Collect the radiologist's report and send them at the earliest. Make sure your attorney sends it to addressed mentioned in the letter. Someone's attorney in this forum used FedEx's service (sent to non-PO Box address) and took longer time to reach right department.
As I said earlier, my doctor was not in USCIS's current list. So, I had to redo everything. My status has changed to 'Respone to RFE review'
FeedFront
I got the radiologist's report. Its on an official letterhead of the hospital and it includes his findings, recommendations etc. but it doesn't contain his signature. It only says "Read By: Dr. XXX and Prepared by: Dr. XXX. Nothing is handwritten, its all in print and the top portion says Radiology Report. It includes all my information including my DOB etc.
But the RFE says that the Radiologist's report should be on an official letterhead and signed by the Radiologist.
When i called the Doctor's office, they said that these documents are received electronically and are E-Signed so there won't be any signatures as such. They have mailed me a sealed copy but I'm wondering if this will be a problem since it doesn't contain the Radiologists's signature.
Any inputs on this would be appreciated.
Thanks,
As I said earlier, my doctor was not in USCIS's current list. So, I had to redo everything. My status has changed to 'Respone to RFE review'
FeedFront
I got the radiologist's report. Its on an official letterhead of the hospital and it includes his findings, recommendations etc. but it doesn't contain his signature. It only says "Read By: Dr. XXX and Prepared by: Dr. XXX. Nothing is handwritten, its all in print and the top portion says Radiology Report. It includes all my information including my DOB etc.
But the RFE says that the Radiologist's report should be on an official letterhead and signed by the Radiologist.
When i called the Doctor's office, they said that these documents are received electronically and are E-Signed so there won't be any signatures as such. They have mailed me a sealed copy but I'm wondering if this will be a problem since it doesn't contain the Radiologists's signature.
Any inputs on this would be appreciated.
Thanks,
more...
pcs
04-21 08:10 AM
Keep calling people to get active & contribute
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iv_only_hope
02-22 09:26 AM
I asked Greg Siskind about this. Heres his response:
"I did get this news about the meeting, but did not post on it as it sounded like it was not going to affect that many people. I would doubt that there are a lot of Indian EB-2s left with 2003 priority dates, but I could be wrong."
"I did get this news about the meeting, but did not post on it as it sounded like it was not going to affect that many people. I would doubt that there are a lot of Indian EB-2s left with 2003 priority dates, but I could be wrong."
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vin13
02-10 10:59 AM
No disrespect meant but what's this? Faux News? As per the law, there is no quota of 2802 green cards for EB3 India. Its a ceiling not a quota. The difference is with ceiling of 7% USCIS can allocate lower number than 7% of 28.6% of 140,000 to EB3 India. If it would be 7% quota, then it would be fair to ask for our "right" for another 580 more green cards. That's why this is not real information, its Faux news.
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
desi3933 has correctly mentioned the relevant stats. Just in case you missed it:
This is the reason I do not find that immigration business shop credible any more.
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
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kondur_007
06-08 06:03 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
more...
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NKR
07-29 12:06 AM
Time for a chill beer, anybody wants to join? If yes, wherever you are, cheers :cool:
Cheers dude, working on an assignment...
hick. gueesa i hadf twoo machs beor.. hick ...goodsnightsss
Cheers dude, working on an assignment...
hick. gueesa i hadf twoo machs beor.. hick ...goodsnightsss
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bec
10-15 04:53 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
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gc_kaavaali
12-10 05:33 PM
I am sorry to ask you...i think you need to get SSN inorder to work...if u allowed to work on what bases you pay tax...
Hi friends,
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
Hi friends,
I need your help!!!
I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?
Thank you very much...
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pmb76
03-18 04:58 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
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jaane_bhi_do_yaaro
08-10 08:18 PM
That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?
We need our messiah VLDRAO...
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
We need our messiah VLDRAO...
He s the MANNNN...
he predicted July 2007 fiasco and then he was the guy who fought for us...
VLDRAOOO where are you...
Please make dates current for everybody...
crazyghoda
01-30 03:52 PM
Whew! Thanks for the clarification (and the knowledge... I can help someone else out now)
So now I just need to wait and see what exactly is asked in the RFE. Cant they send the damned thing by Fedex and bill me for it. Waiting for regular mail is painful. Here goes another weekend (sigh)
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
So now I just need to wait and see what exactly is asked in the RFE. Cant they send the damned thing by Fedex and bill me for it. Waiting for regular mail is painful. Here goes another weekend (sigh)
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
gkrish
04-27 03:10 PM
Would like to post my experience at the point of entry recently.
Just got back from an India vacation trip and entered thru SEA airport. Am still on a H1B(8 years running) and was a bit concerned about the posts saying that H1B are being questioned at the POE. In fact, before leaving I got a chance to speak to someone who runs a small consulting firm and his advice was to cancel my trip and avoid any Interntional travel.
But I went anyways went ahead since I had the confidence/hope due to working for a huge American organization; a name which will anyone will recognize.
I have a AP as well and was prepared to use it if faced with issues on re-entering with H1.
To my pleasant surprise, the immigration process took less than 2 mts, the fastest in my personal experience ever. Just 2 questions were asked by the officer who was very polite and friendly -- where do I work and for how long. Thats it.
Will conclude that if one if you work for a fairly reputable/well known orgn, then travelling on H1B should not be an issue.
Cheers
Just got back from an India vacation trip and entered thru SEA airport. Am still on a H1B(8 years running) and was a bit concerned about the posts saying that H1B are being questioned at the POE. In fact, before leaving I got a chance to speak to someone who runs a small consulting firm and his advice was to cancel my trip and avoid any Interntional travel.
But I went anyways went ahead since I had the confidence/hope due to working for a huge American organization; a name which will anyone will recognize.
I have a AP as well and was prepared to use it if faced with issues on re-entering with H1.
To my pleasant surprise, the immigration process took less than 2 mts, the fastest in my personal experience ever. Just 2 questions were asked by the officer who was very polite and friendly -- where do I work and for how long. Thats it.
Will conclude that if one if you work for a fairly reputable/well known orgn, then travelling on H1B should not be an issue.
Cheers
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