scorpion
02-26 05:30 PM
Consult your Lawyer
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sledge_hammer
07-01 12:54 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
waitnwatch
05-30 01:02 PM
I would appreciate if you could reference the bill text (if you have), then we can together spin this news - thanks
Here is my explanation of how the new system will work -
The USCIS declares an open period for all merit based application.
Everyone on H1-B puts in an application and gets in line.
The USCIS declares the list of succesful applicants.
For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.
Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.
So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.
I hope this make sense.
Here is my explanation of how the new system will work -
The USCIS declares an open period for all merit based application.
Everyone on H1-B puts in an application and gets in line.
The USCIS declares the list of succesful applicants.
For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.
Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.
So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.
I hope this make sense.
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chanduv23
03-26 08:16 PM
It is totally upto you for taking up the job. But working without getting paid means you are giving in to exploitation.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
more...
rolrblade
07-27 02:22 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Did he put a G-28 - Attorney representation form with it. If yes, then you are fine.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Did he put a G-28 - Attorney representation form with it. If yes, then you are fine.
sr123
02-11 10:13 AM
As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
more...
pappu
10-23 11:01 AM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
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GCSOON-Ihope
11-06 12:31 PM
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
It is more a matter related to Department of Labor than USCIS.
It is more a matter related to Department of Labor than USCIS.
more...
prakgc
07-21 09:37 PM
For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
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newuser
08-17 11:27 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
I think the expiry date is based on EAD, not based on I-485 receipt notice.
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
I think the expiry date is based on EAD, not based on I-485 receipt notice.
more...
jasmin45
02-26 10:55 AM
Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.
The above said is correct only if you have an approved AP with you.
The above said is correct only if you have an approved AP with you.
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ita
11-20 04:47 PM
I got only one AP paper. Is it ok to travel to India?
From what I gathered so far I guess on your way back officer will keep the AP you have.
Try to take copies of the AP and request the offcier if he would keep the copy and give you back the stamped original.
In that case you can use the stamped original for your future trips.
Otherwise you will have to apply for more AP's if your are planning to go abroad again.
This is what I gathered so far.Not sure if I'm right though .
From what I gathered so far I guess on your way back officer will keep the AP you have.
Try to take copies of the AP and request the offcier if he would keep the copy and give you back the stamped original.
In that case you can use the stamped original for your future trips.
Otherwise you will have to apply for more AP's if your are planning to go abroad again.
This is what I gathered so far.Not sure if I'm right though .
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seahawks
07-19 12:58 AM
I mean i filed without both of those. Theyare required in the 140 phase , not in 485.
But keep them handy - in case they wants mail by next day air
if you are filing for your spouse and if you are sponsoring your spouse, you have to show evidence of income.. There is a form that you fill with it,.
But keep them handy - in case they wants mail by next day air
if you are filing for your spouse and if you are sponsoring your spouse, you have to show evidence of income.. There is a form that you fill with it,.
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ganguteli
06-12 11:50 AM
I was born in Oct too :) :)
2 October 1869 ?
2 October 1869 ?
more...
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tdasara
08-17 11:03 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
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arihant
06-22 01:17 PM
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
I like your Logic. :D
I like your Logic. :D
more...
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aj2000
01-09 03:51 PM
and so are 26 other consultants in her department. All of them are being replaced by permanent employees by client from other departments.. Basically, tough times like these., consultants are the first to be kicked out. I am awaiting my turn :(
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jettu77
11-19 10:04 AM
I also received only 2 AP papers. Does it matter.
I checked my case online on 11/09/07 and found that AP of my spouse and
myself have been approved.
Today my attorney sent the document and on my spouse's AP document
the Date issued is //199 at the top right corner. It should have been a correct date and not //199
and in the paragraph below
.....presentation of the original of this document prior to //199 allows a customs....
I think it is the mistake of USCIS and I will follow up with my Attorney and also USCIS on monday.
If anyone had this same issue please reply as to what needs to be done.
Thank you...
I checked my case online on 11/09/07 and found that AP of my spouse and
myself have been approved.
Today my attorney sent the document and on my spouse's AP document
the Date issued is //199 at the top right corner. It should have been a correct date and not //199
and in the paragraph below
.....presentation of the original of this document prior to //199 allows a customs....
I think it is the mistake of USCIS and I will follow up with my Attorney and also USCIS on monday.
If anyone had this same issue please reply as to what needs to be done.
Thank you...
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benbear
11-09 09:39 AM
Let me simplify the EB backlog equation:
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
arsh007
12-21 08:58 AM
Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.
zCool
02-25 10:38 PM
Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
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