willigetagc
08-26 09:01 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
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rajuram
01-28 11:00 AM
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Rajuram
You got couple of things wrong here. Passing a legislation is not a piece
of cake. It would take sometimes years persistent effort. Contributing
a few hundred or even a thousand dollars and expecting everything to be
changed would be too ridiculous. Several tech lobbies are also lobbying
hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.
Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.
If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D
Now good luck on your GC
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Rajuram
You got couple of things wrong here. Passing a legislation is not a piece
of cake. It would take sometimes years persistent effort. Contributing
a few hundred or even a thousand dollars and expecting everything to be
changed would be too ridiculous. Several tech lobbies are also lobbying
hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.
Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.
If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D
Now good luck on your GC
harish
05-20 10:30 PM
Congratulations Harish! Btw, Googler is a her not a his. :)
Googler -- Thanks a lot! Apologize for the assumption....my mistake!
Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.
Googler -- Thanks a lot! Apologize for the assumption....my mistake!
Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.
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vin13
11-13 12:27 PM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
more...
pitha
06-12 02:37 PM
house is 100 times more conservative than senate (does not matter if it is democratic controlled house and republican controlled house). If you think house is going to give us EB immigrants a break then you are completely off base. For every kyl, durbin and Kennedy in senate you will have three times more kyl, durbin and Kennedy in the house. House will take the senate bill and make some adjustments to it and not modifications. This bill cannot be repaired by amendments it is fundamentally flawed for us.whatever passes from the senate is the final bill, house will either reject it or rubber stamp it.
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
Googler
04-29 01:00 AM
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08. I opened the mailbox at home this evening and to my complete surprise -- the physical card! Sudden burst of efficiency at USCIs, 6 days from approval to actual delivery of card.
Good luck to everyone else!
Good luck to everyone else!
more...
uppaji
08-03 12:29 PM
Hi Can we all agree up on a standard content format to Lou Dobbs.
Please send your text, if you have already sent emails.
I just want to make sure that they should realize that there is mass response for the smae topic.
Please send your text, if you have already sent emails.
I just want to make sure that they should realize that there is mass response for the smae topic.
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qasleuth
05-26 05:16 PM
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
http://www.usborderpatrol.com/Border_Patrol608_2.htm
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EB3_SEP04
05-26 05:58 PM
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.
You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.
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kbsyed61
06-06 04:47 PM
A friend of mine (from India) got his GC approval notice on 6/3. Here are the details:
LC PD - April 12 2003.
I-485 RD - June, 07, ND - July 16th 2007.
Filing Center - NSC
Received RFE 5/14/08.
Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
6/03 received email about card production ordered.
Congrats to all those lucky souls.
LC PD - April 12 2003.
I-485 RD - June, 07, ND - July 16th 2007.
Filing Center - NSC
Received RFE 5/14/08.
Submitted reply 5/30. USCIS ack 5/31. Soft update again on 6/02.
6/03 received email about card production ordered.
Congrats to all those lucky souls.
more...
abhijitp
07-24 12:15 PM
I'm not expert in advising but murthy.com is saying avoid duplicate filing that may lead to rejection. Would suggest to consult v.good attorney before you do.
I have seen that on murthy too. I am not sure why they say that. Anyone else who ever submitted multiple AOS applications?
I am sure people have submitted two separate apps in cases such as:
1) both husband and wife working and eligible to file. One app submitted with husband primary, wife secondary AND the other app submitted with wife primary, husband secondary
2) AOS for old labor + AOS under PERM
In both cases I believe the USCIS will ask you to choose between the two when the time comes.
I have seen that on murthy too. I am not sure why they say that. Anyone else who ever submitted multiple AOS applications?
I am sure people have submitted two separate apps in cases such as:
1) both husband and wife working and eligible to file. One app submitted with husband primary, wife secondary AND the other app submitted with wife primary, husband secondary
2) AOS for old labor + AOS under PERM
In both cases I believe the USCIS will ask you to choose between the two when the time comes.
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Macaca
01-18 08:15 AM
We sent out a newsletter last night and out of 8400 emails, we have nearly 250 bounced back.
Emails like a@abc.com are obviously bogus emails.
See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.
Send them PM and track them when they are logged.
IV newsletter is NOT spam. It is VERY good cause for the recipient. You have to be more aggressive.
Emails like a@abc.com are obviously bogus emails.
See, I can understand the reason for that, you dont want spam. But we send out newsletter less than 2-3 times a month. And we dont sell information.
Send them PM and track them when they are logged.
IV newsletter is NOT spam. It is VERY good cause for the recipient. You have to be more aggressive.
more...
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nomi
12-13 08:38 AM
Whats the advice on this from core group?
can we start mass web faxing USCIS for rule change?
Now we are talking....first we need green signal from Core Team and request them to make fax for USCIS. Once we have fax, then we will fax this latter to USCIS same day. I hope once 6000 member fax this letter to USCIS same day then we will see some action from them too and we will be in media.
I will also say that Core Team should sell this fax to its member for $10. If everymember pay $10 for this letter and if we are 6000 then it will be $ 60,000 for IV which will be very nice funds for IV.
All we want from USCIS that allow us to file I-485 or allow us to file EAD or AP so we can have some freedom of travel and job change and it will also help USCIS to start name check ahead of time and that will also cut their processing time to process I-485.
what do you guys think ??
thx.
Nomi
can we start mass web faxing USCIS for rule change?
Now we are talking....first we need green signal from Core Team and request them to make fax for USCIS. Once we have fax, then we will fax this latter to USCIS same day. I hope once 6000 member fax this letter to USCIS same day then we will see some action from them too and we will be in media.
I will also say that Core Team should sell this fax to its member for $10. If everymember pay $10 for this letter and if we are 6000 then it will be $ 60,000 for IV which will be very nice funds for IV.
All we want from USCIS that allow us to file I-485 or allow us to file EAD or AP so we can have some freedom of travel and job change and it will also help USCIS to start name check ahead of time and that will also cut their processing time to process I-485.
what do you guys think ??
thx.
Nomi
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.soulty
03-11 12:33 AM
thats better.. cool, so i'll contact grinch to see if he is happy to get this poll ready.
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jayleno
07-13 11:57 AM
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
Source please... or are you just kidding ?
Source please... or are you just kidding ?
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sc09876
08-10 02:42 PM
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.
However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.
Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)
This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.
However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.
Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)
This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.
more...
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nojoke
09-18 12:10 AM
Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
I will take it easy if you weren't intentionally insulting.
I will take it easy if you weren't intentionally insulting.
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singhsa3
03-03 06:19 PM
Hold on..
Not everyone visit this site. So any extrapolation won't make any sense. The idea is not to take polls but is that someone take up our issue, investigate and spread our message.
The message is simple, you got the people with right stuff, standing in the line. Their wait is neither good for them nor good for anyone else.
thats even worse. you are taking a poll of 500 people (*IF* you get that many respondents to this poll, my feeling is you wont cross 250) and expanding that to 1 million people in line for EB greencard.
This is not extrapolation, its a joke.
For the sake of the immigrant community, please dont drag CNN to Immigrationvoice.org to look at a poll that 200 people took of which 50 claim they would buy a house if they got a GC tomorrow. We all lose credibility if we make such statements.
Not everyone visit this site. So any extrapolation won't make any sense. The idea is not to take polls but is that someone take up our issue, investigate and spread our message.
The message is simple, you got the people with right stuff, standing in the line. Their wait is neither good for them nor good for anyone else.
thats even worse. you are taking a poll of 500 people (*IF* you get that many respondents to this poll, my feeling is you wont cross 250) and expanding that to 1 million people in line for EB greencard.
This is not extrapolation, its a joke.
For the sake of the immigrant community, please dont drag CNN to Immigrationvoice.org to look at a poll that 200 people took of which 50 claim they would buy a house if they got a GC tomorrow. We all lose credibility if we make such statements.
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thomachan72
07-13 09:20 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?
Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D
Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D
nomi
12-11 03:58 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
Thank xbohdukc. I think, this door is also close.
INA should be changed which should be done through a legislative process, not through any rule making.
Thank xbohdukc. I think, this door is also close.
Administrator2
06-10 04:20 PM
Please send message to your Senator to oppose this amendment. Here is the link to send the message.
Action Alert: Vote NO Sanders amendment S.A. 4319 to pass H.R.4213. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1598151-action-alert-vote-no-sanders-amendment-s-a-4319-to-pass-h-r-4213-a.html)
Action Alert: Vote NO Sanders amendment S.A. 4319 to pass H.R.4213. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1598151-action-alert-vote-no-sanders-amendment-s-a-4319-to-pass-h-r-4213-a.html)
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