ak_manu
01-12 12:08 PM
I am traveling this month end to India via Frankfurt. I am on AP. I checked with German consulate in US and officer told me we need transit visa both ways (going and coming back). there are no exceptions. He confirmed the same twice when I went in person to get Transit visa.
I would rather listen to German consulate office rather than interpreting stupid sentences on German consulate web site. So please do get Transit visa with 2 entries.
I would rather listen to German consulate office rather than interpreting stupid sentences on German consulate web site. So please do get Transit visa with 2 entries.
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AUG2005GC
08-22 09:41 PM
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor
By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor
yabadaba
06-05 02:52 PM
Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.
last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.
there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.
what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.
last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.
there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.
what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.
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rajeshalex
08-05 09:44 PM
PD Dec 2004 /EB2
140 pending since July 07
140 pending since July 07
more...
sanbaj
08-01 10:39 AM
Hi Sanbaj,
You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.
Regards
GC_wait2002
Thanks for your appreciation. Glad that I could help.
You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.
Regards
GC_wait2002
Thanks for your appreciation. Glad that I could help.
ronhira
07-21 10:36 PM
hey meatloaf, what's uuuuuppppppppppp!!!!!!!
r u not going to post anything here, i though we were buddies.... me ... ronhira.... u meatloaf..... we all friends.... i not english speak.... u can tall..... teach me somthing.... u proof-e-soor
r u not going to post anything here, i though we were buddies.... me ... ronhira.... u meatloaf..... we all friends.... i not english speak.... u can tall..... teach me somthing.... u proof-e-soor
more...
chanduv23
11-16 03:10 PM
but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will always be a statement that says submission of this info is voluntary).
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Probably according to the EEOC rules, unless the job requires for security clearance, companies must not discriminate between a US citizen and someone with work authorization. A company must also not deny job to you because u don't have enough time on ur visa. Company must go through legal channels to accept or deny employment for visa holders. As such companies don't really discriminate. They want good people for work. Most times it is the reqruiters who post these ads. Reqruiters post ads like * must be citizen, must be local to New York* etc... Even for L/C ads, I don't think there is a need to mention preference for citizens - though I am not sure about this.
If prefering US citizens is discriminatory, I am sure a bill will be easily passed to make such postings valid and legal :)
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Marphad
11-30 03:40 PM
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
more...
gc_on_demand
11-19 04:05 PM
We have a good article on WSJ. Anti doesn't want our people to go there and post comment on it so they are creating this kind of thread here so people spend their time here fighting and they continue posting -ve comments there.
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485Mbe4001
11-29 07:06 PM
yeah, i wish they had responded when the dates were current. :rolleyes:
After waiting for a long time my date becomes current, but then i find out that i am stuck in namecheck for the past 3 years. Now they will fix namecheck and i will wait till the PD becomes current again :p
After waiting for a long time my date becomes current, but then i find out that i am stuck in namecheck for the past 3 years. Now they will fix namecheck and i will wait till the PD becomes current again :p
more...
NKR
02-13 09:13 AM
"in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......"
Well, in that case you become a ulta employee and trouble your employer...
Well, in that case you become a ulta employee and trouble your employer...
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Jimi_Hendrix
12-12 12:52 PM
is definitely better than no movement. My application is still 3 months retrogressed now. Getting closer albeit slowly.
more...
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ilikekilo
09-19 07:32 PM
any idea how many came to the rally?
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TwinkleM
02-23 02:11 PM
I guess, other then marriage certificate, wedding photographs, wedding card invitation & property papers on joint name & other investments on joint name might help. I know that wedding photos & wedding invitation card does help to an extent.
more...
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lost_in_migration
01-18 07:25 PM
I have sent the letter to President as well as IV.
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shukla77
05-30 06:23 PM
current count 260.Great job everyone.I was chatting with few friends casually and mentioned this. Four of them also have voted. If we can hit 300 by end of the day today, that will be pretty impressive. As someone said, even though this might seem very insignificant but spending 3-4 minutes is definitely not going to hurt us.
Keep it up..
Keep it up..
more...
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gps001
07-18 11:30 AM
At some point I had a question about this issue (I-131 page 4), about which "application" is deemed abandoned and I got an answer in these forums (someone said that he/she researched enough) and that it is the I-485 application which is deemed abandoned if you leave before AP gets approved.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
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longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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GotGC??
03-27 12:04 PM
Anyone in the Bay Area planning to meet the local law makers? I'd like to join.
adibhatla
02-19 04:41 PM
Just a small addition to your point 4.
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
sorcerer666
04-29 01:51 PM
Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
Great analysis!! Eurofighter is newest of them all... moreover, Indians have already made great indigenous design enhancements to the existing SU-30 MKI's that they really wouldn't want an American make anyways. I'm not sure why the SU-35's aren't in that list??
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
Great analysis!! Eurofighter is newest of them all... moreover, Indians have already made great indigenous design enhancements to the existing SU-30 MKI's that they really wouldn't want an American make anyways. I'm not sure why the SU-35's aren't in that list??
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