ssnd03
07-20 01:33 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Even with all pending I485s, USICS will not be able to predict yearly usuage or forward date movement with 10%-15% unpredictability or delay in FBI name-check. I expect upto 10% loss of annual visas every year.
It remains to be seen how many visas are lost in FY 2007 even though they say "Unavailable". I expect them to return those allocated visas to DOS for which they thought FBI checks will be over shortly. I am sure these visas will be lost yet again.
Even with all pending I485s, USICS will not be able to predict yearly usuage or forward date movement with 10%-15% unpredictability or delay in FBI name-check. I expect upto 10% loss of annual visas every year.
It remains to be seen how many visas are lost in FY 2007 even though they say "Unavailable". I expect them to return those allocated visas to DOS for which they thought FBI checks will be over shortly. I am sure these visas will be lost yet again.
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abracadabra102
09-06 10:56 AM
USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.
lee.cook
May 28th, 2007, 11:06 AM
Ok now im screwed, my sensor is filled with dust spots as I can see it on the sensor myself..
http://img516.imageshack.us/img516/1959/dsc2412uw4.jpg (http://imageshack.us)
Just thought id share this with you as im really annoyed right now
http://img516.imageshack.us/img516/1959/dsc2412uw4.jpg (http://imageshack.us)
Just thought id share this with you as im really annoyed right now
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venky_handsy
09-10 11:24 PM
you did a masters here.......so you can go to canada or mexico also...it will not be any issue if you all the paper work of your masters correct
more...
polapragada
10-23 05:56 PM
This seems pretty amazing. I wonder how it will play out in action.
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
unseenguy
06-09 12:53 PM
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.
more...
surabhi
09-16 02:21 PM
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
2010 Kara amp; I have been est
VMH_GC
12-14 03:41 PM
Thanks all for your information. It is really helpful.
more...
pappu
01-14 05:46 PM
Now, that's a good idea. How about Cutting Permanent Residency Delays.
18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.
===
http://www.nytimes.com/2008/01/12/us/12citizen.html
Agency Acts to Cut Delay in Gaining Citizenship
By JULIA PRESTON
Published: January 12, 2008
Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.
Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.
The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.
The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.
According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.
“It’s a problem of their own making,” William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. “We kept telling them, there is going to be a surge.”
In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.
The agency also received a deluge of other immigration petitions.
Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.
Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.
Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.
The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.
Read the people and organizations marked in bold above. They seem to be behind it. It is all about how much you can highlight the cause and lobby for it.
If we want something like this we will have to work for it too. Each one of us needs to participate it in.
18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.
===
http://www.nytimes.com/2008/01/12/us/12citizen.html
Agency Acts to Cut Delay in Gaining Citizenship
By JULIA PRESTON
Published: January 12, 2008
Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.
Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.
The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.
The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.
According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.
“It’s a problem of their own making,” William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. “We kept telling them, there is going to be a surge.”
In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.
The agency also received a deluge of other immigration petitions.
Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.
Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.
Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.
The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.
Read the people and organizations marked in bold above. They seem to be behind it. It is all about how much you can highlight the cause and lobby for it.
If we want something like this we will have to work for it too. Each one of us needs to participate it in.
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casinoroyale
08-21 03:28 PM
Yes, i used AP before and after that I got my H1B extended with the same employer. I want to get visa stamped as I am still single and need to retain H1B status.
Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).
CasionRoyale,
From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?
Do you expect any issues using old petition?
If there are any can we enter using AP?
Thanks
Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).
CasionRoyale,
From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?
Do you expect any issues using old petition?
If there are any can we enter using AP?
Thanks
more...
karl65
10-27 08:46 AM
I got the same response about AP (same RD), approved Oct 17, not received yet.
Please let us know if you receive it. Good luck.
My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.
Good Luck:):):)
Please let us know if you receive it. Good luck.
My and my family's APs were approved on Oct 03 (Date issued-according to the NOAs) I received email of approval on Oct 22 and my lawyer received the notification on Oct 25. So be pacient, yours is coming soon.
Good Luck:):):)
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geevikram
12-06 11:19 AM
If you read the post , they say 21 year old means fresh graduate (bach.), it is very high for that age with no or less experience. here in california also freshers get 50-60k start..
That depends on company, job-title. Ofcourse, this is still high for a fresher, but you can't compare 50-60K to facebook job. This kid must be extremely smart. 50-60K would be for some lucky fresher coming out of an avg university in US. Even folks for decent US univ's get close to 100K in Cali. (Depends on company and pos).
That depends on company, job-title. Ofcourse, this is still high for a fresher, but you can't compare 50-60K to facebook job. This kid must be extremely smart. 50-60K would be for some lucky fresher coming out of an avg university in US. Even folks for decent US univ's get close to 100K in Cali. (Depends on company and pos).
more...
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gcventure
04-07 04:32 PM
ggc,
What was the outcome of your interview. Did you get 485 approval. I am in a similar situation. Appreciate your reply.
What was the outcome of your interview. Did you get 485 approval. I am in a similar situation. Appreciate your reply.
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raju_abc
07-23 11:20 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
ya , in ur words agents
ya , in ur words agents
more...
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kalyan
02-12 01:45 AM
The statistics showed that $39Billion were sent to India by NRI's (not including enterprises) for 3 quarters of 2008
I believe 70% of it might be from US. I have a smalll share in it.
Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.
They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals
I believe 70% of it might be from US. I have a smalll share in it.
Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.
They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals
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gchopes
11-05 07:37 PM
What happens if primary 485 gets approved and spouse 485 not filed due to PD not being current or the primary missed the short time given to file spouse 485?
more...
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tonyHK12
10-11 11:11 AM
It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
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ramboom1
04-09 03:14 PM
The CIR has gone into Senate Judiciary Committee. In my opinion, IV has worked as professional unit and acheived a lot. The task handled by IV core team is new just as it would be for any of us. IV need not even mention about the theorist. Let IV go about its task and there are so many people supporting it and contributing to it. IF CIR does not work out, there will be other options.
Good Luck and Best wishes.
Good Luck and Best wishes.
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anilsal
08-02 02:04 AM
roger... now that you raised some panic and got cleared away, why not atone by contributing back to IV??????
;) :mad:
;) :mad:
Winner
04-23 12:46 PM
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
BeCoolGuy
04-04 07:34 AM
Ok.. here's the link to save some of your time
http://www.visalaw.com/05may4/2may405.html
Read the section on ADJUSTMENT PORTABILITY .
Goodluck
http://www.visalaw.com/05may4/2may405.html
Read the section on ADJUSTMENT PORTABILITY .
Goodluck
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