maddipati1
11-19 11:09 PM
This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
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john2255
07-20 01:46 PM
1. Sen. Cornyn yesterday offered the bridge amendment.
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment’s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669.
The amendment was ruled out of order by the Chair of the Committee, after a Motion by Sen. Durbin (D-IL) and a vote more-or-less on party lines. This is hopefully just a procedural slowdown. HLG is aware that alternative procedural options are still being considered.
The amendment also called for a one-time increase in H1 visas, which seemed to be the reason for the amendment’s defeat.
What you can do.
If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.
If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for foreign trained nurses and PTs. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.
http://www.senate.gov/general/contact_information/senators_cfm.cfm
bobzibub
07-18 05:20 PM
For the ROW category, the manual seems to indicate that they have a general date (such as in the Visa Bulletin) but I would expect that they have many visa counts for each country..... Anyone have a quick synopsis of how they handle that?
I'm Canada btw....
I'm Canada btw....
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Kodi
05-08 04:15 PM
Do they always ask for recruitment info or only when they audit the case?
more...
Caliber
03-04 12:25 PM
do have your 140 approved?
My case is also with TSC with 140 approved and there is absolutely no change in the message. There is not even a soft LUD in any of our cases.
My case is also with TSC with 140 approved and there is absolutely no change in the message. There is not even a soft LUD in any of our cases.
wandmaker
07-11 12:18 PM
can they even withdraw 140 after more then a year now?
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
employer can withdraw the 140 any time before the approval of 485 - there is no time limit.
more...
senthil1
10-03 04:40 PM
Increasing green card numbers will resolve this problem also. For example doubling the Visa numbers will not have much impact when CIS wastes a few hundred or a few thousand Visa numbers. If Annual cap is 300k then also CIS may waste 5k Visa numbers every year on average. But without increasing gc numbers even full utilization of 140k Visa will not have any impact Indian PD as demand is high.
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
Last year they "wasted" about 10K visa numbers. It is absolutely up to them. However congress has authorized 140k a year and there are huge backlogs for AOS and CP. So when you put that together, leaving about 10K unapproved is clearly not enforcing congressional mandates. The ombudsman blasted them for this in his report, then we had the VB fiasco. None of this sounds like great management of the benefits. There clearly is room for improvement.
We (us and our employers) as the recipients of the benefits are complaining about this, and it is perfectly legitimate.
If any visa numbers are left unused, I definitely think we ought to take up this issue with congressional leaders like Zoe Lofgren. Even just a visa recapture legislation alone would help us tremendously until 2009(about the earliest they might get back to this issue more fully).
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pop21
05-08 03:51 PM
I just received by approved Labor Certification from PBEC yesterday. My priority date is July 2003 and my application was filed in NY under EB2 in the Traditional method.
My employer received recruitment instructions end of December 2006. They filed the completed recruitment report on February 13, 2007. I noticed my case status was 'certified' on the DOL Backlog Public Disclosure system some time early April, and it took several weeks before they sent out the original certification, which I received yesterday (May 7th).
My employer received recruitment instructions end of December 2006. They filed the completed recruitment report on February 13, 2007. I noticed my case status was 'certified' on the DOL Backlog Public Disclosure system some time early April, and it took several weeks before they sent out the original certification, which I received yesterday (May 7th).
more...
GCard_Dream
07-06 01:00 PM
I see that we all are very busy fighting amongst ourselves. Did all of you get a chance to "Digg" the story so it gets maximum publicity possible? This is the only story so far that carefully analyzes the 485 fiasco and longer it runs the better it will be for us.
Please take a min and digg it. You'll be doing yourself a favor.
Please take a min and digg it. You'll be doing yourself a favor.
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alok_msh
07-14 02:39 PM
Sent 25$ Conf: 7YB5G-450FX
more...
titu1972
03-17 09:19 PM
I got a mail from IRS Today mentioning the eligibility criteria for Stimulus package. Only Primary person who filed Tax Return(may be single or jointly)
is eligible to get refund of $600 for single and $1200 if file jointly. Dependant cannot claim the package.
For each child additional $300.
is eligible to get refund of $600 for single and $1200 if file jointly. Dependant cannot claim the package.
For each child additional $300.
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vedicman
05-03 01:16 PM
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
more...
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sri1309
08-14 09:05 AM
Dear IV,
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
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vkannan
03-06 05:33 PM
Few observations based on thread postings
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
more...
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checklaw
07-05 04:05 PM
Curious.
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vallabhu
01-05 09:40 AM
My cousin filed her application in May 2003 from vermont, the case was shipped to Phil and se got her approval in September 2005.
I guess they are curently processed November 03'
I guess they are curently processed November 03'
more...
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bfadlia
02-23 02:24 PM
It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.
I hope so..
But checking my July 2007 I485 online status, it says it was last updated in Dec 2007..
Shouldn't we all have got recent LUDs or RFEs if all of us were recently pre-adjugated
I hope so..
But checking my July 2007 I485 online status, it says it was last updated in Dec 2007..
Shouldn't we all have got recent LUDs or RFEs if all of us were recently pre-adjugated
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supers789
12-11 03:41 PM
I need something which removes employer dependency with approved i140 until u file 485.
I hate working at the same employer just becasue my PD is not current. And by the time my PD becomes current, may be employer is not doing good, I am not happy at the job.... and I have to start from PERM again at new employer. Also if employer revokes i140, I loose the PD as well!!
I hate working at the same employer just becasue my PD is not current. And by the time my PD becomes current, may be employer is not doing good, I am not happy at the job.... and I have to start from PERM again at new employer. Also if employer revokes i140, I loose the PD as well!!
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sravs1234
01-10 09:36 PM
Thanks sy. I fully agree it's the agent we deal with. My BOA loan coordinator is extremely stubborn & doesn't have any clue regarding immigration. From day 1 she is stuck on unexpired I-94 & till today she asks me to furnish that. Is it possible that I can contact you or any of your friends through email / phone & discuss to check where I am going wrong. I can furnish my contact details if needed.
I am not how comfortable my friends would be, but, you can certainly contact me for any help/details you may want. sumanthyenduri@gmail.com is my email address.
sy
I am not how comfortable my friends would be, but, you can certainly contact me for any help/details you may want. sumanthyenduri@gmail.com is my email address.
sy
dhesha
09-10 02:46 PM
Data available in Mumbai consulate website
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Should we not demand resignation of USCIS Director?
http://mumbai.usconsulate.gov/cut_off_dates.html
Category India Most Other Countries
F1 15 April 2002 15 April 2002
FX 1 May 2001 1 May 2001
F2A 1 January 2004 1 January 2004
F2B 15 December 1999 15 December 1999
F3 22 June 2000 22 June 2000
F4 22 May 1997 22 October 1997
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
EW 1 Janurary 2003 1 Janurary 2003
E4 Current Current
E4-Religious Current Current
Should we not demand resignation of USCIS Director?
priti8888
07-23 06:39 PM
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
we are EB3 India---
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
we are EB3 India---
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