logiclife
04-07 08:55 PM
For more than a decade of congressional majority and 6 years of white house, everyone has been accusing Republicans of being close to big business.
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
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Jerrome
02-20 05:47 PM
This will definitly help guys if they see some number crunching like the one i see below.
Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571
You can also Quote this in the home page of IV for people to see.
Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571
You can also Quote this in the home page of IV for people to see.
Kitiara
05-27 06:04 PM
It totally immobilised the person sitting next to me, they were reduced to a gibbering wreck under their desk. :P Truly evil sites. :)
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st4rguitar
04-14 08:38 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
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gc007
11-19 04:47 PM
Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
jonty_11
08-03 05:19 PM
Any answers to this questions ?
I hate to say this...but if u are not on honest talking terms with ur employer...then u r not really in EB category.....
I hate to say this...but if u are not on honest talking terms with ur employer...then u r not really in EB category.....
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gcnirvana
04-27 06:39 PM
In my opinion, looks like another placeholder bill just before CIR.
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a_yaja
02-17 09:32 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
I mentioned the following:
"Need to visit family in home country from time to time given the long adjudication process for I-485"
For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
I mentioned the following:
"Need to visit family in home country from time to time given the long adjudication process for I-485"
For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).
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glus
03-19 11:29 AM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
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gsc999
01-25 03:02 PM
Good work. Thanks for doing this.
I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
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desi3933
06-13 05:26 AM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
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cooldude
07-27 10:06 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
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gunabcd
06-22 09:50 AM
When the officer picks up a new case file, within minutes he know if there's Birth cert, substitute labor etc (remember he may have handled hundreds of cases). If the officer FEELS the case is complicated or needs an RFE, he may just put it on the backburner and pick up the next one on the shelf. That's why i'm trying to get my BC or NABC, even if i have 5 other docs with DOB.
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surabhi
04-08 05:24 AM
This is serious and could affect quite a few.
Summary: you could be affected if ALL of the folllowing is true
1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)
Remember you are affected even though you are the original beneficiary.
How did this case happen?
This happend because USCIS not following LIFO processing
1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002
In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21
Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140
The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.
So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)
Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.
I feel for the original applicant. She played by rules all along, but got screwed anyway
Now you can see the chances of your case being caught in similar circumstrances
1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode
Summary: you could be affected if ALL of the folllowing is true
1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)
Remember you are affected even though you are the original beneficiary.
How did this case happen?
This happend because USCIS not following LIFO processing
1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002
In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21
Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140
The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.
So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)
Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.
I feel for the original applicant. She played by rules all along, but got screwed anyway
Now you can see the chances of your case being caught in similar circumstrances
1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode
more...
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theperm
05-07 07:52 PM
EAD is valid until oct end 2008.....which means ead is up for renewal in july !
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iptel
02-14 01:21 PM
Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
Part of the report says
Caps on employment-based green cards limit the number of high-skilled
foreigners who can become permanent residents. The cap is set at 140,000
visas per year, including visas for the workers� spouses and children. Each
country�s nationals can make up no more than 7 percent of total immigrant
visas. These caps have led to long delays for applicants, especially for workers
from over-represented countries. For instance, some workers who became
eligible in January 2006 for EB-2 employment-based green cards (for workers
with advanced degrees or persons of exceptional ability) had applied for
permanent residence five years earlier.
A variety of proposals have been advanced for permanent employmentbased
immigration to allow for more high-skilled workers and to reduce wait
times. Any changes to the cap on the number of employment-based green
cards would require legislative action. First, workers� spouses and children
could be exempted from the cap, as is currently done for the H-1B program.
Spouses and children make up about half of the recipients of employmentbased
green cards, so this change would roughly double the number of
workers able to get employment-based green cards. Second, the fixed 140,000
cap could be replaced with a flexible market-based cap that would increase or
decrease with demand for workers eligible for employment-based green cards.
Finally, under current policy, nationals of no single country can receive more
than 7 percent of green cards. This share could be raised to reduce the long
delays for employment-based green cards for applicants from countries with
large numbers of desirable, high-skilled workers. Careful enforcement of
limits on foreign nationals� access to sensitive technology would provide
continued protection for our national security.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
Part of the report says
Caps on employment-based green cards limit the number of high-skilled
foreigners who can become permanent residents. The cap is set at 140,000
visas per year, including visas for the workers� spouses and children. Each
country�s nationals can make up no more than 7 percent of total immigrant
visas. These caps have led to long delays for applicants, especially for workers
from over-represented countries. For instance, some workers who became
eligible in January 2006 for EB-2 employment-based green cards (for workers
with advanced degrees or persons of exceptional ability) had applied for
permanent residence five years earlier.
A variety of proposals have been advanced for permanent employmentbased
immigration to allow for more high-skilled workers and to reduce wait
times. Any changes to the cap on the number of employment-based green
cards would require legislative action. First, workers� spouses and children
could be exempted from the cap, as is currently done for the H-1B program.
Spouses and children make up about half of the recipients of employmentbased
green cards, so this change would roughly double the number of
workers able to get employment-based green cards. Second, the fixed 140,000
cap could be replaced with a flexible market-based cap that would increase or
decrease with demand for workers eligible for employment-based green cards.
Finally, under current policy, nationals of no single country can receive more
than 7 percent of green cards. This share could be raised to reduce the long
delays for employment-based green cards for applicants from countries with
large numbers of desirable, high-skilled workers. Careful enforcement of
limits on foreign nationals� access to sensitive technology would provide
continued protection for our national security.
more...
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mambarg
08-05 06:13 PM
With 700K predicted applications pending From July ,
Was just wondering what will be long term effects.
Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
Now coming July which is 6 months prior to expiry of 1st EAD.
There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?
It is like any surge in electric voltage generally blows away the device.
I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
Was just wondering what will be long term effects.
Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
Now coming July which is 6 months prior to expiry of 1st EAD.
There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?
It is like any surge in electric voltage generally blows away the device.
I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
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webm
03-19 03:57 PM
"On a side note, do these Processing dates also retrogress?
--Yes surprisingly it happened for TSC dates during March VB in Feb'08.retrogressed from May 24,2007 to April 10,2007
Keep hope,you should expect to receive GC soon...your PD,RD both passed the criteria for NSC.
HTH,
--Yes surprisingly it happened for TSC dates during March VB in Feb'08.retrogressed from May 24,2007 to April 10,2007
Keep hope,you should expect to receive GC soon...your PD,RD both passed the criteria for NSC.
HTH,
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dealsnet
07-23 01:55 PM
AP expiry doesn't mean out of status. If paroled into US and the I-485 is in process means no problem.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.
AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.
AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
Appu
04-06 10:33 PM
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.
That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.
rbalaji5
03-19 01:03 PM
If it is true, how come the few person with old priority date (2002) is still waiting and some person with later priority date (2003,2004) got their GC..after Name check
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