Eternal_Hope
06-13 10:09 PM
excuse my unfamiliarity with the process..
but if I applied for I485 in July, and 485 applications they receive exceeds the visa numbers available for July, what happens? Do they draw lottery to see which 485 apps would be cosidered?
in other words, just making sure the app reaches USCIS in july first wekk, does it guarantee EAD for spouses?
I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?
but if I applied for I485 in July, and 485 applications they receive exceeds the visa numbers available for July, what happens? Do they draw lottery to see which 485 apps would be cosidered?
in other words, just making sure the app reaches USCIS in july first wekk, does it guarantee EAD for spouses?
I have the same question - Do dependent spouses get EAD even if dates retrogress after applying for I-485?
GCBy3000
06-19 04:34 PM
Best place to check this out is here.
http://www.numbersusa.com/hottopic/senateaction0507.html#1
Cantwell is there. May be they did not update their site, but they updated the bill number. The heading says "Background Information on S. 1639, formerly S. 1348"
The word on the street is that the Cantwell amendment is not a part of the list of amendments that are currently floating around in Senate offices. There are 20 of them.
Even Bernie Sanders has one more coming (Yes, it is related to H1B). But Cantwell amendment is not there in the list of 20.
Here is the list of 20:
Democratic Amendments
1199 Dodd Family parent visas
1313 Webb Community ties for Zs
1236 Baucus-Tester Strike all reference to REAL ID
1332 Sanders Employers to certify no mass layoff
1344 Byrd Border security immigration fee
1317 Menendez Increased family points in merit system
1340 Brown Employers post job at state agency
1468 McCaskill Repeat violators who hire undocumented workers
1486 Levin Iraqi religious minority refugees
1386 Leahy Refugee Scholars (may instead be 1289 on EB-5 investors)
------ Schumer Tamper-proof biometric social security card (no language yet)
1198 Boxer Reducing Y visa cap by number of Y workers who overstay
Republican Amendments
1161 Alexander Oath of allegiance for naturalization (may move to manager�s package)
1255 Bond Prohibits green cards for Z holders
1473 Coleman information sharing/sanctuary cities (Coleman is redrafting, new language not available)
1335/1258 Domenici Federal judgeship increase (redrafting)
1490 Ensign Preclusion of social security benefits
1465 Graham Enforcement, plus other potential agreed upon amendments folded in (redrafting, content not clear)
1441 Grassley-Baucus Obama Strike and replace Title III (small changes possible)
1440 Hutchison Touchback/strike and replace title vi (redrafting)
1174 Thune Probationary legal status triggers
1318 Chambliss Totalization agreement
1282 Isakson Preemption/Home Depot (redrafting)
------ Graham Criminal penalties/mandatory minimums for overstays
http://www.numbersusa.com/hottopic/senateaction0507.html#1
Cantwell is there. May be they did not update their site, but they updated the bill number. The heading says "Background Information on S. 1639, formerly S. 1348"
The word on the street is that the Cantwell amendment is not a part of the list of amendments that are currently floating around in Senate offices. There are 20 of them.
Even Bernie Sanders has one more coming (Yes, it is related to H1B). But Cantwell amendment is not there in the list of 20.
Here is the list of 20:
Democratic Amendments
1199 Dodd Family parent visas
1313 Webb Community ties for Zs
1236 Baucus-Tester Strike all reference to REAL ID
1332 Sanders Employers to certify no mass layoff
1344 Byrd Border security immigration fee
1317 Menendez Increased family points in merit system
1340 Brown Employers post job at state agency
1468 McCaskill Repeat violators who hire undocumented workers
1486 Levin Iraqi religious minority refugees
1386 Leahy Refugee Scholars (may instead be 1289 on EB-5 investors)
------ Schumer Tamper-proof biometric social security card (no language yet)
1198 Boxer Reducing Y visa cap by number of Y workers who overstay
Republican Amendments
1161 Alexander Oath of allegiance for naturalization (may move to manager�s package)
1255 Bond Prohibits green cards for Z holders
1473 Coleman information sharing/sanctuary cities (Coleman is redrafting, new language not available)
1335/1258 Domenici Federal judgeship increase (redrafting)
1490 Ensign Preclusion of social security benefits
1465 Graham Enforcement, plus other potential agreed upon amendments folded in (redrafting, content not clear)
1441 Grassley-Baucus Obama Strike and replace Title III (small changes possible)
1440 Hutchison Touchback/strike and replace title vi (redrafting)
1174 Thune Probationary legal status triggers
1318 Chambliss Totalization agreement
1282 Isakson Preemption/Home Depot (redrafting)
------ Graham Criminal penalties/mandatory minimums for overstays
Desertfox
02-29 03:02 PM
Sent my letters...
nixstor
07-05 11:39 AM
I guess they(morons, per your definition) are all techincally correct based on past memo's explaining USCIS stand on postmark dates,last working day in a month rule, the time at which the application was received(the revised bulletin was not yet published) etc etc
no matter what, the decision of accepting the applications is at USCIS's discretion.They can reject applications received in the last week of June as well if they want to.Period.
Calling USCIS is not going to help any single beneficiary. I guess this has been already answered by Oh. As long as we do not get away from concentrating too much on "Whats happening with my application?" we are going to sulk.
no matter what, the decision of accepting the applications is at USCIS's discretion.They can reject applications received in the last week of June as well if they want to.Period.
Calling USCIS is not going to help any single beneficiary. I guess this has been already answered by Oh. As long as we do not get away from concentrating too much on "Whats happening with my application?" we are going to sulk.
more...
BharatPremi
12-10 04:15 PM
It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
^
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
^
vinabath
03-21 02:53 PM
... but only after they have issued a greencard to each one of us. :D
Without your permission, I disagree. I protest . I want USCIS to dissolve and I want President Bush Pardon us and give GCs to all who want GCs and are in process.
Without your permission, I disagree. I protest . I want USCIS to dissolve and I want President Bush Pardon us and give GCs to all who want GCs and are in process.
more...
hariswaminathan
07-18 11:02 PM
Hi, I am currently on a Company A's payroll and working at a client's place (Company B); now that Company B wants me to join them; however, there is a contract between Companies A & B not to hire the employee directly; what should be done in this case? I also have a contractual obligation to my employer not to join the client for 12 months. My employer(Company A) is not willing to let me go (though I worked for a year already). Any advise from the forum?
Thanks
1. Your company (A) has you in a bind. They also have the client (B) in a bind. I doubt (B) will stand up for you beyond a point and fight any battle - unless they are really desparate to hire you.
2. Dont go against your company - they are likely to go after you legally and probably win.
3. Try to negotiate with your client (B) to pay a fees to your (A) to hire you as full time. This is probably the only way to get out of it clean and keep both parties happy.
Thanks
1. Your company (A) has you in a bind. They also have the client (B) in a bind. I doubt (B) will stand up for you beyond a point and fight any battle - unless they are really desparate to hire you.
2. Dont go against your company - they are likely to go after you legally and probably win.
3. Try to negotiate with your client (B) to pay a fees to your (A) to hire you as full time. This is probably the only way to get out of it clean and keep both parties happy.
stucklabor
03-19 08:21 PM
Yes, by removing "or" from (I), adding "or" at (II), and adding (III). I think this is how it would read. How do you think it should read?
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
more...
panky72
06-25 05:10 PM
hi mirage,
you dont need to pay anymore money for EAD when you apply in future. this is what my attorney said. Thats why USCIS fees is very high and its one time fess for EAD and AP.
I don't think that's true. You pay every time for renewal of AP/EAD. Its a nonstop source of revenue for USCIS.
you dont need to pay anymore money for EAD when you apply in future. this is what my attorney said. Thats why USCIS fees is very high and its one time fess for EAD and AP.
I don't think that's true. You pay every time for renewal of AP/EAD. Its a nonstop source of revenue for USCIS.
Michael chertoff
03-28 08:36 PM
Also stop siding with this MC guy as he seems to be no good.
I told you smart ass. there is no point in fighting here and insulting anyone. just give your informatiion, i can contact you and willing to tell you how good or bad I am.
Now just relax.
MC
I told you smart ass. there is no point in fighting here and insulting anyone. just give your informatiion, i can contact you and willing to tell you how good or bad I am.
Now just relax.
MC
more...
learning01
03-17 06:46 PM
Article | posted March 16, 2006 (April 3, 2006 issue)
Showdown on Immigration
Marc Cooper
The good news is that after twenty years of inaction and demagogy, the US Senate is considering sweeping immigration reform. Behind that effort is a bipartisan consensus that grew out of a confluence of disparate factors: On the right, American business, desperate for low-wage and unskilled service workers, was clamoring to legalize the immigrant labor market; on the left, organized labor and liberals wanted an end to the illegal status of so many workers. And the sheer number of illegals now living in the United States--three times as many as a decade ago--demanded that something be done.
The bad news is that after arduously fighting its way to the top of the national legislative agenda--Senate majority leader Bill Frist fixed March 27 as the deadline for the Senate to come up with a bill--reform now threatens to be dead on arrival. Intransigence by the Republican right and a failure of nerve by Bush may have doomed a tenuous, years-long push to rewrite a current policy mired in denial and hypocrisy. "We may be on the verge of seeing the Republicans do to immigration what Hillary Clinton did to healthcare in the 1990s," said a prominent immigration attorney. "Set it back several decades."
(The ugly - expected to drag till Nov 06 - this line is my comment)
No one is willing to guess what will come out of the Senate process, no less out of any conference measure that would have to bridge the gap between the Senate and the draconian Sensenbrenner bill, already approved by the House. And if the process drags on closer to the November elections, chances for significant reform will dim considerably. Republicans, and especially the President, will be reluctant to further aggravate their internal party divisions. And even if Bush regains his confidence in pushing for reform, will Democrats--with their eyes now set on winning in November--really be ready to line up behind him?
Read it in full here:
http://www.thenation.com/doc/20060403/cooper
Showdown on Immigration
Marc Cooper
The good news is that after twenty years of inaction and demagogy, the US Senate is considering sweeping immigration reform. Behind that effort is a bipartisan consensus that grew out of a confluence of disparate factors: On the right, American business, desperate for low-wage and unskilled service workers, was clamoring to legalize the immigrant labor market; on the left, organized labor and liberals wanted an end to the illegal status of so many workers. And the sheer number of illegals now living in the United States--three times as many as a decade ago--demanded that something be done.
The bad news is that after arduously fighting its way to the top of the national legislative agenda--Senate majority leader Bill Frist fixed March 27 as the deadline for the Senate to come up with a bill--reform now threatens to be dead on arrival. Intransigence by the Republican right and a failure of nerve by Bush may have doomed a tenuous, years-long push to rewrite a current policy mired in denial and hypocrisy. "We may be on the verge of seeing the Republicans do to immigration what Hillary Clinton did to healthcare in the 1990s," said a prominent immigration attorney. "Set it back several decades."
(The ugly - expected to drag till Nov 06 - this line is my comment)
No one is willing to guess what will come out of the Senate process, no less out of any conference measure that would have to bridge the gap between the Senate and the draconian Sensenbrenner bill, already approved by the House. And if the process drags on closer to the November elections, chances for significant reform will dim considerably. Republicans, and especially the President, will be reluctant to further aggravate their internal party divisions. And even if Bush regains his confidence in pushing for reform, will Democrats--with their eyes now set on winning in November--really be ready to line up behind him?
Read it in full here:
http://www.thenation.com/doc/20060403/cooper
psaxena
06-01 04:52 PM
Seems to me , either you are paid by AF to defend them here or you are one of those who like pizza than roti. The moment these things happen to you , you will be shouting on top of your lungs but when it happens with your fellow countrymen you can't empathize.. are you so insensitive or just like to be French.
The 2 things I like about france is a french kiss and having a french kiss with a french chick
I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.
Last I checked, this was not supposed to be desi-centric forum.
The 2 things I like about france is a french kiss and having a french kiss with a french chick
I find your quote to be insulting to a large group of persons, some of whom could be potential members of IV. If anyone had made such a comment about Telgu-speakers or Punjabi-speakers, there would be outrage.
Last I checked, this was not supposed to be desi-centric forum.
more...
raj2
12-24 11:32 AM
Hi
All who are on H4 visa ,is there a way out that we all can write an email or letter to the USCIS or the law changing authority to change the H4 law and get right to work ,I mean one nicely drafted mail or Letter with all the problems highlighted and the disadvantages which the spouse and the H4 are facing .I am mentioning some points which we can write
1.H4 cannot work any where in the USA,not even for an hour
2.Green card is years away.
3.Just be at home and keep on asking money from your spouse for everything you need.
4.With the 65000 quote every one on H4 cannot get an H1.
5.Every one on H4 is not necessary a computer professional or having a 4 year degree possible 3 year or may be less so they cannot qualify for an H1.
thanks
Thats right, eventually when the H1B emploee gets Employement Authorization through GC process, the H4 spouse automatically becomes eligble to work and have better opportunities than any H1B holder. Why can't a H4 have a work authorization same as J2 or L2 or E2. Does ImmigrationVoice considered this thought and thinks as a good point to raise it to the senate in one of their efforts?
All who are on H4 visa ,is there a way out that we all can write an email or letter to the USCIS or the law changing authority to change the H4 law and get right to work ,I mean one nicely drafted mail or Letter with all the problems highlighted and the disadvantages which the spouse and the H4 are facing .I am mentioning some points which we can write
1.H4 cannot work any where in the USA,not even for an hour
2.Green card is years away.
3.Just be at home and keep on asking money from your spouse for everything you need.
4.With the 65000 quote every one on H4 cannot get an H1.
5.Every one on H4 is not necessary a computer professional or having a 4 year degree possible 3 year or may be less so they cannot qualify for an H1.
thanks
Thats right, eventually when the H1B emploee gets Employement Authorization through GC process, the H4 spouse automatically becomes eligble to work and have better opportunities than any H1B holder. Why can't a H4 have a work authorization same as J2 or L2 or E2. Does ImmigrationVoice considered this thought and thinks as a good point to raise it to the senate in one of their efforts?
snathan
07-22 11:29 AM
"exactly because of these rude attitude of hindi people i never speak hindi."
this is the choice you're talking about? :d
yes...so what
this is the choice you're talking about? :d
yes...so what
more...
simple1
08-07 01:47 PM
I agree, India is a far better option.
Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.
On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.
As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.
No, Canada is not a better option. INDIA!! is a better option. You got to get it out of your mind that you need to go somewhere. It is different in the US because you have some industries and jobs here that you cannot get anywhere else. Also a certian lifestyle. But common Canada, eastern Europe, Africa... you guys are nuts.
India is a MUCH better option than anywhere else except maybe if you get a real good job in China. As far as I am concerned if nothing happens here I am headed back to my hometown-Bangalore, India.
I have much better lifestyle and opportunities than Canada or even western europe! Period.
Assuming this discussion is about immigration/permanent-settlement and not about short term visits, work and study.
On the side note, The only problem faced in india is over population which triggers almost all other issues. If india implements onechildpolicy most of the problems faced today will disappear in few decades. Your child (note: singular) need not leave india to enjoy international level lifestyle & benefits.
As a backup plan to greencard advocacy we need to lobby the indian government to implement onechildpoilcy immediately.
No, Canada is not a better option. INDIA!! is a better option. You got to get it out of your mind that you need to go somewhere. It is different in the US because you have some industries and jobs here that you cannot get anywhere else. Also a certian lifestyle. But common Canada, eastern Europe, Africa... you guys are nuts.
India is a MUCH better option than anywhere else except maybe if you get a real good job in China. As far as I am concerned if nothing happens here I am headed back to my hometown-Bangalore, India.
I have much better lifestyle and opportunities than Canada or even western europe! Period.
needhelp!
06-24 10:29 AM
\ \/
more...
andy garcia
09-25 02:36 PM
Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
From the last report of FLC.
80,029 cases certified between Oct. 1, 2005, and Sep. 30, 2006.
55 % were issued for workers from just the five countries of India, China, South Korea, Philippines, and Mexico.
_-Country ____ Cases ______%
Of Origin ____ Certified
India _______ 22.645_____ 28.3
China________ 7,434______ 9.3
S. Korea______ 5,330______ 6.7
Philippines_____4,601______ 5.7
Mexico________4,388______ 5.5
Total _______ 44,398 ______ 55
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
From the last report of FLC.
80,029 cases certified between Oct. 1, 2005, and Sep. 30, 2006.
55 % were issued for workers from just the five countries of India, China, South Korea, Philippines, and Mexico.
_-Country ____ Cases ______%
Of Origin ____ Certified
India _______ 22.645_____ 28.3
China________ 7,434______ 9.3
S. Korea______ 5,330______ 6.7
Philippines_____4,601______ 5.7
Mexico________4,388______ 5.5
Total _______ 44,398 ______ 55
anilsal
12-01 10:05 AM
Just do some volunteering work for IV. You will have good satisfaction/fulfillment.
IV2007
06-24 10:25 AM
Called in today & the staff already knew the message. She took it promptly and was cordial.
Way to go IV...
Way to go IV...
bestin
10-05 08:57 PM
Bestin, you Da Man.
Guys from Lansing, transportation is available (courtesy bestin). Others from distant places can also carpool.
:D. limited to 4 more.:D.first come first serve basis.put in ur requests here.
Guys from Lansing, transportation is available (courtesy bestin). Others from distant places can also carpool.
:D. limited to 4 more.:D.first come first serve basis.put in ur requests here.
mohican
01-14 08:32 PM
Thanks you all for making the post and clarifying the difference between I140 substitution vs underlying labor being used. I guess in my case the approved labor was used and not I140. I have asked my previous employer to send us the revocation request for the I140 so that my MTR is much stronger. The 2 applicant to 1 labor/I140 is exactly what has happened in my case. One of you has done a very good job of explaining it.
My current lawyers are in the process of filing for MTR. I have been delayed a bit since we never got the damn letters. I have H1b until June as a backup. My wife works on EAD--should she inform her employer or she could continue since they don't know yet.
I will continue updating this thread.
Best-
Mohican
My current lawyers are in the process of filing for MTR. I have been delayed a bit since we never got the damn letters. I have H1b until June as a backup. My wife works on EAD--should she inform her employer or she could continue since they don't know yet.
I will continue updating this thread.
Best-
Mohican
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