Circus123
01-30 05:41 PM
Just voted
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hopelessGC
04-15 01:39 PM
Is it correct to say only nebraska Service center is issuing the rfe because they are pre adjudicating while Texas service center is not issuing rfe because they are not pre adjudicating 485. A vast majority of people getting rfe on 485 (95% or more) are from nebraska Service center.
My application is pending with the Texas Service Center. It appears that TSC is also pre-adjudicating.
My application is pending with the Texas Service Center. It appears that TSC is also pre-adjudicating.
pljanakiram
09-23 09:09 PM
IV - elephant. Who are the dogs here?
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rheoretro
09-13 03:03 PM
Hi core members,
I am willing to play a more active part in this if you can utilise me in anyway
Hi,
The best thing that you can help us do for now is to recruit more members, and get them to pay IV. Trust me, membership and funding are two of the biggest challenges in front of us. Beyond that, if you would like to help further, send me a message, and I'll see who I can put you in touch with.
Thank you again!
Best,
RR
I am willing to play a more active part in this if you can utilise me in anyway
Hi,
The best thing that you can help us do for now is to recruit more members, and get them to pay IV. Trust me, membership and funding are two of the biggest challenges in front of us. Beyond that, if you would like to help further, send me a message, and I'll see who I can put you in touch with.
Thank you again!
Best,
RR
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trueguy
08-12 11:17 AM
Bump
gsvisu
07-15 06:46 PM
done
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indyanguy
11-16 12:04 PM
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
1) You need to file a Change of status to H1
2) Please see one of the links posted by me earlier (a link to Ron Gother's site) which says that if you get a H1 extension based on AOS and AOS is denied, you are NOT allowed to work on H1.
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
1) You need to file a Change of status to H1
2) Please see one of the links posted by me earlier (a link to Ron Gother's site) which says that if you get a H1 extension based on AOS and AOS is denied, you are NOT allowed to work on H1.
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msngroups
05-25 03:28 PM
At the end of day, what matters is PEACEFULNESS. Once the feeling comes that PEACEFULNESS is no more here, pack up !!!!!!
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diptam
05-24 01:37 PM
Throwing money at scholarships and education incentives dont make people choose a profession they dont like. If they want to be lawyers and doctors and managers, they wont force themselves to go for tech degrees and diplomas just because they get thousands of dollars in scholarships.
See you all in Bangalore and Shanghai.
Agreed Man - 200% agreed with you ... Peoples dont have the intent to pursue STEM in this country - How can you force someone ??
They will realize the mistake after 3-4 years - It may cost 3-4 times to compensate that :-)
See you all in Bangalore and Shanghai.
Agreed Man - 200% agreed with you ... Peoples dont have the intent to pursue STEM in this country - How can you force someone ??
They will realize the mistake after 3-4 years - It may cost 3-4 times to compensate that :-)
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sbabunle
02-07 11:42 PM
Its a very tough business to calculate the dates or numbers...
First of all nobody gives an actuall count of cases accurately...
Nobody know how many cases pending with USCIS...Nobody knows
how much would be PD based distribution...Nobody knows how many
people got LC but who cant apply for I485 because of retrogression..
We always thought that there is 360k application in BEC and since those LC have PD from 2000 to 2005 there are no chances of fast movement of PD in year 2007 especially for EB3 and EB2(Indian , China).
After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...
But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�
First of all nobody gives an actuall count of cases accurately...
Nobody know how many cases pending with USCIS...Nobody knows
how much would be PD based distribution...Nobody knows how many
people got LC but who cant apply for I485 because of retrogression..
We always thought that there is 360k application in BEC and since those LC have PD from 2000 to 2005 there are no chances of fast movement of PD in year 2007 especially for EB3 and EB2(Indian , China).
After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...
But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�
more...
longq
02-11 07:08 PM
Absolutely not. AC21 only removs the per-country limit in any calendar quarter in which overall applicant demand is less than the total of available numbers. In the present calendar year, the overall demand is defenitely more than the total of available number and AC21 priviledges would not apply.
DOS would clearly violate the 7 percent limit if excess EB2 ROW numbers flow to EB2 china/india. Don't want to get into an argument here, so I will leave it at this. Each person is entitled to his/her interpretation just as DOS has its own. Peace.
I agree with you, if you could able to show the difference between allocation of unused visas pre-AC21 priod and after AC21 period. Lets say 10000 unused visas availbe in EB2. Please tell me how it will be handled if it is in 1999 and 2006. Please read section 202 of INA and post here. I am stopping here. Bye.
DOS would clearly violate the 7 percent limit if excess EB2 ROW numbers flow to EB2 china/india. Don't want to get into an argument here, so I will leave it at this. Each person is entitled to his/her interpretation just as DOS has its own. Peace.
I agree with you, if you could able to show the difference between allocation of unused visas pre-AC21 priod and after AC21 period. Lets say 10000 unused visas availbe in EB2. Please tell me how it will be handled if it is in 1999 and 2006. Please read section 202 of INA and post here. I am stopping here. Bye.
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kumar1
03-11 02:21 PM
jsb - I received an email today from CRIS that they have issued an RFE on my I-485. I am EB-3 India September 7, 2007 I-485 filer with a PD of June-2005. Like you said, they do not consider country of chargeability until the case is all set to approve.
Otherwise, why would they touch a EB3-I case with PD of 2005.
I am not sure what are they looking for in FRE. I want to get out of this game now....one way or the other!
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
Otherwise, why would they touch a EB3-I case with PD of 2005.
I am not sure what are they looking for in FRE. I want to get out of this game now....one way or the other!
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
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anai
02-14 10:09 AM
If black hats were around during the Indian independence movement, here's how it would have been:
In 1930's
Black hat: "What the hell, Gandhi! What good did salt satyagraha do? Where are the results? What did you achieve in the last 15 years? Change the leadership."
In 1940's:
Black hat: "Yeah. I continue to do nothing. But you suck."
In 1942:
Black hat: "Quit India movement! What a stupid waste of time. Gandhi, you should do a cultural show and raise some money."
Ok. Ideas seem to be always welcome at IV. But crassly worded trashing of volunteer leaders rankles a lot of us.
I won't be reading that silly sounding de bono hat book you suggest. But I might go to a cultural show by that other Bono and help him raise some money.
So is this how you brainstorm ideas at work?
Ideas are just as important as contributions.Your design team at work dont have to write the code as well. If its a bad idea then shoot it down,lets not ask everyone who comes up with an idea to implement it as well. Providing ideas is much better than sitting out there in blissful ignorance not knowing anything about retrogression or IV.
You may wanna read "Six thinking hats" by Edward de bono.He talks about having critical thinking hat(black hat) during brainstorming.Lets have some people with black hats here.
btw I thought anand26 was banned from this forum. I am not too far away from being banned as well. I got a post deleted by the admin already without any notice.
Forgive me for wearing the black hat in recent times and yes I have signed up for recurring contributions.
In 1930's
Black hat: "What the hell, Gandhi! What good did salt satyagraha do? Where are the results? What did you achieve in the last 15 years? Change the leadership."
In 1940's:
Black hat: "Yeah. I continue to do nothing. But you suck."
In 1942:
Black hat: "Quit India movement! What a stupid waste of time. Gandhi, you should do a cultural show and raise some money."
Ok. Ideas seem to be always welcome at IV. But crassly worded trashing of volunteer leaders rankles a lot of us.
I won't be reading that silly sounding de bono hat book you suggest. But I might go to a cultural show by that other Bono and help him raise some money.
So is this how you brainstorm ideas at work?
Ideas are just as important as contributions.Your design team at work dont have to write the code as well. If its a bad idea then shoot it down,lets not ask everyone who comes up with an idea to implement it as well. Providing ideas is much better than sitting out there in blissful ignorance not knowing anything about retrogression or IV.
You may wanna read "Six thinking hats" by Edward de bono.He talks about having critical thinking hat(black hat) during brainstorming.Lets have some people with black hats here.
btw I thought anand26 was banned from this forum. I am not too far away from being banned as well. I got a post deleted by the admin already without any notice.
Forgive me for wearing the black hat in recent times and yes I have signed up for recurring contributions.
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nrk
10-27 10:46 AM
Post-Decision Activity
On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
This is my 140 status from start, people say that Department of state is not normal. i opened a SR on 10/15/2009 and the status of my case is
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/776640-your-case-is-on-hold-because-your-appear-to-be-inadmissible-under-the-current-law.html
I just received notification that my approved 140 (which got approved way back in 2007) is now moved to USCIS. Has anyone seen this before?
Exact status is as follows
Post-Decision Activity
On October 27, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
On August 30, 2007, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
This is my 140 status from start, people say that Department of state is not normal. i opened a SR on 10/15/2009 and the status of my case is
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/776640-your-case-is-on-hold-because-your-appear-to-be-inadmissible-under-the-current-law.html
I just received notification that my approved 140 (which got approved way back in 2007) is now moved to USCIS. Has anyone seen this before?
Exact status is as follows
Post-Decision Activity
On October 27, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
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sanju
09-25 09:40 AM
Just curious. Why do you claim ROW is receiving preferential treatment over India when all the countries get the same upper limit of the visas. Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment? :)
Why do think that "India" is the name of 1 human being that everyone from India should be treat like 1 person. Each person applies for his/her I-485, even each member of a family is considered separate. So why club one group of people based on a dichotomy that works best in your favor and then argue that there should be no change. Why not apply color of skin to decide the limits, or maybe the language. Because frankly, which country I come from has nothing to do with why I am here, just as the color of my skin or my native language has no relevance to my petition. In any system if you club large group of applicants based on a dichotomy, and say you will get lesser share than the rest, isn't that how you describe preferential treatment ? Is there any other way to describe the current country-quota system? Why not say Tamil SriLankans will autonomously govern 86% of the land and rest of people in Sri Lanka should migrate to the remaining 14%. Is that how it works there? Probably not, then why argue for something which is actually nothing but preferential treatment. That's ok, in olden days, when racial discrimination was legal, people who benefited from it argued in favor of it, just as you are doing in favor of per-country limits. But the society is much better without racial discrimination. Don't you think so? Any special benefits accorded to one set of group over the other is preferential treatment. There is no other way to describe it. Now, if you got a job, which is why you are here, based on the fact that you are from Sri Lanka, then it is a different thing, then you must get green card based on which country you came from. But it would be illegal if actually you got got your job because you are from Sri-Lanka. Then why apply the benefit which is a direct derivative of your employment (and hence employment based green card) based on which country you came from? Is there any relation between your job and your country of origin? If yes, then it is illegal, if no, then why give benefit of your employment based on your country of origin, if no, and you continue to want the benefit of your employment based on your country of origin, wouldn't that be asking for preferential treatment? How else will you chose to describe it? Please help me to understand this.
And here is what I wrote earlier, which you did not want to read because you probably have not answer for this question to help your argument, so very conveniently you just had to skip it entirely. Here is goes ....
I thought we are all equals, unless you think you are challenged in anyways - physically or otherwise, in that case I agree, you are 100% right, there must be a special quota for you. For all others who consider themselves to be equal shareholders to the free society, isn't preferential treatment for any set of people "wrong" and "unfair"? Just asking? I mean are we not equals, if yes, then there should be no quota for any country, if no and you think you are superior, which maybe true, then I should get preferential treatment, if no, and you think you are inferior or otherwise challenged in anyways, well, in that case yes, you sure should be treat better than others.... you know....
So what do you think you are - equal? inferior? or superior? I mean it has go to be one of those, right?
Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment?
NO. That would not be preferential treatment. Because as I said, India is not 1 human being who ought to consume the same oxygen as 1 human being namely Sri Lanka must consume. Each applicant in employment based green card is a separate human being. Hope you are not proposing to ration oxygen based on country quota.
Look, I know removal of per-country quota may not work in your favor so you do not want to remove it. Tell me that it is not true and this discussion is over. And if per-country quota puts me at any dis-advantage as compared to you, isn't system giving you preferential treatment over me? How else will you describe it?
.
Why do think that "India" is the name of 1 human being that everyone from India should be treat like 1 person. Each person applies for his/her I-485, even each member of a family is considered separate. So why club one group of people based on a dichotomy that works best in your favor and then argue that there should be no change. Why not apply color of skin to decide the limits, or maybe the language. Because frankly, which country I come from has nothing to do with why I am here, just as the color of my skin or my native language has no relevance to my petition. In any system if you club large group of applicants based on a dichotomy, and say you will get lesser share than the rest, isn't that how you describe preferential treatment ? Is there any other way to describe the current country-quota system? Why not say Tamil SriLankans will autonomously govern 86% of the land and rest of people in Sri Lanka should migrate to the remaining 14%. Is that how it works there? Probably not, then why argue for something which is actually nothing but preferential treatment. That's ok, in olden days, when racial discrimination was legal, people who benefited from it argued in favor of it, just as you are doing in favor of per-country limits. But the society is much better without racial discrimination. Don't you think so? Any special benefits accorded to one set of group over the other is preferential treatment. There is no other way to describe it. Now, if you got a job, which is why you are here, based on the fact that you are from Sri Lanka, then it is a different thing, then you must get green card based on which country you came from. But it would be illegal if actually you got got your job because you are from Sri-Lanka. Then why apply the benefit which is a direct derivative of your employment (and hence employment based green card) based on which country you came from? Is there any relation between your job and your country of origin? If yes, then it is illegal, if no, then why give benefit of your employment based on your country of origin, if no, and you continue to want the benefit of your employment based on your country of origin, wouldn't that be asking for preferential treatment? How else will you chose to describe it? Please help me to understand this.
And here is what I wrote earlier, which you did not want to read because you probably have not answer for this question to help your argument, so very conveniently you just had to skip it entirely. Here is goes ....
I thought we are all equals, unless you think you are challenged in anyways - physically or otherwise, in that case I agree, you are 100% right, there must be a special quota for you. For all others who consider themselves to be equal shareholders to the free society, isn't preferential treatment for any set of people "wrong" and "unfair"? Just asking? I mean are we not equals, if yes, then there should be no quota for any country, if no and you think you are superior, which maybe true, then I should get preferential treatment, if no, and you think you are inferior or otherwise challenged in anyways, well, in that case yes, you sure should be treat better than others.... you know....
So what do you think you are - equal? inferior? or superior? I mean it has go to be one of those, right?
Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment?
NO. That would not be preferential treatment. Because as I said, India is not 1 human being who ought to consume the same oxygen as 1 human being namely Sri Lanka must consume. Each applicant in employment based green card is a separate human being. Hope you are not proposing to ration oxygen based on country quota.
Look, I know removal of per-country quota may not work in your favor so you do not want to remove it. Tell me that it is not true and this discussion is over. And if per-country quota puts me at any dis-advantage as compared to you, isn't system giving you preferential treatment over me? How else will you describe it?
.
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sgkgops
07-14 05:38 PM
signed.
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musicwithcolors
06-01 09:16 AM
cheers loungeactx :thumb:
first i wasnt gonna participate. i just started playing with the image and just could not stop. addicting.
and goodluck with your design!
first i wasnt gonna participate. i just started playing with the image and just could not stop. addicting.
and goodluck with your design!
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GC_SUCK
03-16 03:06 PM
Guys,
Don't make me scream. I am about to file my I-140 next week. And your posts are making me very nervous.
Please tell me there is reason you got this kind of RFE?
Don't make me scream. I am about to file my I-140 next week. And your posts are making me very nervous.
Please tell me there is reason you got this kind of RFE?
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gk_2000
04-22 11:05 AM
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.
A question -- has IV considered challenging the country quota in court? Because the Constitution forbids discrimination based on country of origin..
A question -- has IV considered challenging the country quota in court? Because the Constitution forbids discrimination based on country of origin..
forever_waiting
04-22 07:59 PM
Nope. You are misunderstanding the point again.
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
logiclife
03-20 01:55 PM
You have to be aggressive and presistent to get a new job where you get better pay that is above the prevailing wage.
Secondly, if you are being paid lower than prevailing wage right now in H1B, your company is breaking the law and you could be in trouble too.
You need to get out before this thing turns into a nightmare and put your resumes out there on monster, dice etc...and GET THE HELL OUT. The job market is good right now and this is the best time to look for jobs that you can
1. Stay there for 5-6 years while you GC is processed.
2. Has decent pay, well above the prevailing wages.
Do IT NOW before the housing led recession slows the economy down again and job switch becomes difficult. What are you waiting for?
Secondly, if you are being paid lower than prevailing wage right now in H1B, your company is breaking the law and you could be in trouble too.
You need to get out before this thing turns into a nightmare and put your resumes out there on monster, dice etc...and GET THE HELL OUT. The job market is good right now and this is the best time to look for jobs that you can
1. Stay there for 5-6 years while you GC is processed.
2. Has decent pay, well above the prevailing wages.
Do IT NOW before the housing led recession slows the economy down again and job switch becomes difficult. What are you waiting for?
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