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thepaew

11-09 07:43 AM

I have decent writing skills and can help with writing or reviewing any documents or presentation materials. I don't live near the DC area but am willing to meet MA lawmakers locally.
--
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asterix

02-23 09:50 AM

50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.

The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
EB1 - 3K
EB2 - 3.7k
EB3 - 3.1K
EB4 - 0.6K
EB5 - 0.02K
Total EB - 10.7K

Schedule A - 6.7K

Am I missing something?

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ilikekilo

09-18 05:42 PM

any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC

the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited

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thomachan72

11-23 02:40 PM

Makes perfect sense. Hopefully one day Indian and chinese EB applicants will have the complete backing of the immigrant citizens from these countries. If that happens then EB voice will be heard. Until then we can take comfort in reading such articles:o:o

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lee.cook

May 30th, 2007, 10:27 AM

Hey Again,

I bought myself one off those Giotto Rocket Blowers thingimajigs, but wanted advice on the correct way to use it, the angle etc, angle off the camera.

Anybody got any pictures of the correct way? thanks very much.

Fashion models come on H1B? Give me a break.. [Archive] - Immigration Voice

View Full Version : Fashion models come on H1B? Give me a break..

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laborpains

09-15 12:58 PM

Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.

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$eeGrEeN

05-31 11:50 AM

EVERYBODY PLS PLS CONTRIBUTE....

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Do the math ??? u did it for us ;)

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xbohdpukc

09-25 11:59 AM

The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

http://immigrationvoice.org/forum/showthread.php?t=454&page=3

see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.

I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.

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bekugc

05-07 11:29 AM

coolest_me;

a friend of mine had got same RFE as u back in 2005. he had gotten all the vaccinations properly, yet this came. it was just a error on the behalf of the surgeon perhaps. My friend had the doctor redispatch the document in reply to the RFE and it got accepted. the doctor did not charge any extra fee since he was at fault. this cud be just a rare /routine paperwork mistake. infact my friends wife dint get this problem, only the primary appln had this mistake.

if u personally donot know the doctor, then take any receipt or printout from past visit to remind him that ur on his file and ur vaccination history ( if completed in thefirst place) can be located. you dont have to worry much according to me. also if ur PD is current, then its good news, ur appln is sorta woken up and once u reply to rfe u cud see +ve movement.

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matreen

12-18 11:22 PM

Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....

Any sugessions.....???

Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.

Thanks,
M

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yetanotherguyinline

12-20 06:47 PM

I found out from discussion about the USCIS Expedite service:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"

I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

Source:
http://www..com/discussion-forums/i485-1/52168049/

ENJOY!!!!

There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.

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hiralal

05-01 07:10 AM

we have to make USCIS more transparent and effective...
There are several smaller campaigns that we can have ..one that comes to my mind is to show the benefits of legal immigration ..
we can do something as easy as meeting our local realtors ..(maybe each member can meet 4-5 realtors in his area) ..show interest in buying a house and then back out saying that the GC delays are preventing you from buying a house ...(and maybe ask the realtors to advertise on IV :))

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averagedesi

09-14 10:58 AM

Here is something interesting

My wife got her EAD approved for 2 years, she is suppose to get her extension only for a year as on Sep 10 when they renewed her card the priority dates were current.

USCIS an organization that is above and beyond the laws of this country.

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msyedy

01-12 06:57 PM

I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.

But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!

Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.

(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.

(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above

Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.

Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......

If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.

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a_yaja

07-25 12:26 PM

Hi,

may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.

my parents name, date of birth ,date of place are there in the birth certificate.

filed I485 in late june. I guess they might send RFE.
Thank u

regards
ahnewgc
You need affidavit from parents. My lawyer addressed this specific case for people born in India and said that in this case, two affidavits are required (although non-availability certificate is not required).

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GIC

05-14 10:31 AM

RD: 01/19/2007
ND: 01/22/2007
LUDs: None
RFE: None
Category: EB2
Status: Pending

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singhsa3

04-30 05:35 PM

Point well taken, mades some changes
You are ignoring dependents (1.2/applicant) and name-check cases in your calculation.

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Eberth

10-16 04:49 PM

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techbuyer77

06-20 01:13 PM

However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.

Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.

pappu

07-30 09:08 AM

I decided to write this post after seeing a comment ‘there is no IV core per se’ on another thread by a member and also seeing how people ask questions during these calls.

I have been in a couple of calls in the past and have more or less decided to stay away from them. Here are some of my reasons:

Most callers come to these calls to ask questions on their own personal case and think as if Ombudsman office will solve their problem in the call. This does not happen. They are always asked to contact the office using a form if they want any answer about their own case. Even the callers waiting for their turn to ask questions do not take the clue and still continue to ask questions about their case status and get the same standard answers. This in my opinion is a waste of time and opportunity our community gets to interface with Obudsman’s office.

In the past the call topics were very different from the questions asked and people never cared to stay within the agenda. Even in yesterday’s call, how many of us really read the Ombudsman’s 2008 report before going to the call and asked questions about the report , discussed inefficiencies in the system and asked progress on the steps being taken to improve them?

If most of the call time is wasted in individual case questions and standard responses, we will never get a chance to fix the system and help ourselves and everyone. The community needs to rise above their own selfish interests and think as a community. IV core has always put community’s interest before their own and have never created action items or ask lists that are tailored for their own cases. We have always used the meeting opportunities with administration and lawmakers to discuss problems faced by the community rather than an individual and discussed solutions that will benefit the community rather than an individual.

Only once we start thinking like a community can we succeed. Else there will be divisions in the community. EB2s and EB3 will argue with each other. People will leave IV once they get their own GC or even do not care about others waiting in behind them. The fact that not even one thousand members have contributed a nominal $5 in the latest campaign tells us something.

I hope this post at least makes a difference in the next Ombudsman call.

astral1977

12-19 12:10 PM

Goel_ar,

Your manner of last entry is the status that you are currently on. Thats a fact.

This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.

Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.

Hope it helps.

My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?

Thanks,
LG.

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