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garybanz
11-02 02:16 PM
Papu,
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
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qvadis
12-29 04:03 PM
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
walking_dude
11-30 11:44 AM
Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.
What are you waiting for? Contribute to IV, many already have - http://immigrationvoice.org/forum/showthread.php?t=15493
What are you waiting for? Contribute to IV, many already have - http://immigrationvoice.org/forum/showthread.php?t=15493
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brawn81
05-12 11:54 AM
Obama playing games with immigration - CNN.com (http://www.cnn.com/2011/OPINION/05/12/navarrette.immigration.obama/index.html?hpt=T2)
more...
vbkris77
11-30 04:42 PM
One important observation is that EB2 India/China shouldn't celebrate until State changes their planning style. If CIS wastes visas due to swing movement by State, EB2 I/C doesn't move so much and numbers will be wasted. So it is important that IV push state to incorporate long term planning and add the CIS processing as a lead time to calculate visa dates movement at least for post July 2007.
lifestrikes
06-17 05:22 PM
Here is link to an article from American Public Media
http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/
You can also listen to the audio version of the story.
Since they have listed the name of affected person, it should be fairly easy to find them and request them to post their experience here.
http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/
You can also listen to the audio version of the story.
Since they have listed the name of affected person, it should be fairly easy to find them and request them to post their experience here.
more...
saketkapur
11-19 03:03 PM
anything to make the que move faster...........
FIFO would be ideal but then so would be expecting anything meaningful from the USCIS......
FIFO would be ideal but then so would be expecting anything meaningful from the USCIS......
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HarshJ
10-02 03:45 PM
As a follow up, got a faxed copy of the "Receipt Notice" for self and spouse from lawyer for I-485. The Receipt Notice's receipt date is as expected Jul 23rd.
So as members correctly stated that Receipt Notice's date is what matters.
So as members correctly stated that Receipt Notice's date is what matters.
more...
nlssubbu
09-16 07:56 PM
Who said the worries stop at GC? When I am on H1, my family could able to go and come back from my home country when ever they want. There was no restriction on how many days they need to stay in US to keep their status valid. Their H4 status is valid as long as I retain my H1.
Now after GC, they are mandated to be present in US for 6 months in a year to retain their GC irrespective of my status and they are not happy about it :(
Some may question what am I doing in IV after GC? Visiting IV is a habit for me and I will be depressed if I don't visit IV for a day :D. I also provide some useful information regarding various immigration issues by learning and passing it on to my friends and relatives and encourage them to come and visit IV by promoting it.
Anyway I am struck to IV even after I got my GC. I hope many fellow IV's will do the same to bring many people who seek immigration under IV :)
Now after GC, they are mandated to be present in US for 6 months in a year to retain their GC irrespective of my status and they are not happy about it :(
Some may question what am I doing in IV after GC? Visiting IV is a habit for me and I will be depressed if I don't visit IV for a day :D. I also provide some useful information regarding various immigration issues by learning and passing it on to my friends and relatives and encourage them to come and visit IV by promoting it.
Anyway I am struck to IV even after I got my GC. I hope many fellow IV's will do the same to bring many people who seek immigration under IV :)
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shana04
02-13 12:23 PM
Here is my scenario:
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
To my know it should start from jun 05
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
To my know it should start from jun 05
more...
laborday
07-17 09:29 AM
as expected Nebraska is crawling :mad:
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Libra
09-19 04:43 PM
Did you ask pappu? man, you missed it. when you come next time make sure you'll take your GC with you. yesterday i came to DC to get my GC but forgot FP appointment today and showed up one hour 30 mins late.
I was also looking here and there after rally no one handed me my green card :D
I was also looking here and there after rally no one handed me my green card :D
more...
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GCOP
04-22 04:12 PM
I just wrote to the President on the link
http://www.whitehouse.gov/Contact/
I will also write to the Member of Congress and Senators of my State.
http://www.whitehouse.gov/Contact/
I will also write to the Member of Congress and Senators of my State.
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dtekkedil
07-06 04:37 PM
Hello everyone!
Forward the times of india link to your friends! Spread the word!
Forward the times of india link to your friends! Spread the word!
more...
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venkygct
09-04 12:43 AM
- Folks who decided to join the rally from CA, please vote here.
- Folks who is yet decide, please act FAST and book the tickets...
- Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
http://immigrationvoice.org/forum/showthread.php?t=12441
- Folks who is yet decide, please act FAST and book the tickets...
- Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
http://immigrationvoice.org/forum/showthread.php?t=12441
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sheela
03-26 09:23 PM
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
Can you update on this
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
Can you update on this
more...
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Libra
07-06 05:15 PM
All -ve thinking and -ve posts guys one more victim is waiting for your stinking comments go ahead and enjoy by discouraging others
http://immigrationvoice.org/forum/showthread.php?t=6156
http://immigrationvoice.org/forum/showthread.php?t=6156
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spindoctor
07-19 08:22 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
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sandy_77
05-09 07:36 AM
I would like to request all the senior members at IV to help us with these questions:
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
1. The official expected delay in visa issuance in case of extra processing is 3 weeks and the DOS has conveniently left the additional administrative processing delay open ended which in turn has left us all law abiding professional non-immigrant/immigrant workers out of our jobs, away from our families and friends and homes for an exceptionaly long time. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
2. DOS officials refuse to inform the applicants why and where their applications are stuck and how much longer it is expected to delay. Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering? Why can't the DOS come out with a bi-weekly report on how many people applied for visas, who were denied and who are referred to AAP (and how long each AAP applicant has been delayed)?
3. DOS VISA/ US immigration law does not seem to have any mechanism to protect the rights (do we have any rights or not is also a question) of those who get delayed unjustly (unjustly because they do not have any known criminal background and yet are treated like criminals). Is this worthy of a lawsuit/class action lawsuit given the number of people who are suffering?
4. So many of us in the security check are getting delayed just because our names are similar to known criminals in the databases. I wonder how many people by the name of "Timothy" (of the Timothy McVeigh of oklahoma bombing fame) or other US citizens whose names are similar to people taking part in various conflicts around the world are delayed/denied entry into the country for so long because of this illogical association. Does this "similar name so you are a criminal too" policy of DOS lend itself to judicial review?
5. In many cases remember that justice delayed is justice denied (as many of us will not be able to return due to reasons such as job loss or delay beyond I-797 approved time.
Sorry for this long post but many of us have these questions in mind. If you could tell us what are the problems we can face (finances, resources, etc.) if lawsuit/class action lawsuit route is adopted it would be of great help. Are there any organizations in US who can take up our cause (such as ACLU). Even if you say that this will be a futile exercise, it will at least help us all accept our fate a little better.
Thanks in advance.
pooja_34
12-22 02:14 PM
Well said - I couldnt have said it any better !!! I thought every desi in the US knew this already but apparently NOT!!!
But not because they are 'Indian' but because they are run by sarkari babus. If anyone wants proof Govt. can't run things even remotely as efficiently as private corporations, this is that case study.
Have to give American consulates in India the credit that they have outsourced some job to external private companies.
At Indian consulate the story is quite different. There are many who share Pooja's feeling on this subject as being used to dealing with efficient private businesses in US, as soon as you enter the consulate, the sarkari inefficiency hits you like a ton of bricks. Every small screwup looks like a giant under our microscope and each further screwup just frustrates us exponentially.
As per my last visit to SF consulate, bracing for the worst, I got a surprise to find that it was a breeze, mostly because the lady at the counter was more compassionate and accommodating then the prior ones. But the failure is glaringly at the top level where they fail to define and refine the process, proof-read the information on website (list of document is vague and contains repetitions).
To summarize I think good workers can deliver some time, but the team will ultimately be a failure without good management at the top, and we all know the top management is sarkari babus who could care less as they were appointed from the sifarish of the Govt in New Delhi and not on their own merit.
But not because they are 'Indian' but because they are run by sarkari babus. If anyone wants proof Govt. can't run things even remotely as efficiently as private corporations, this is that case study.
Have to give American consulates in India the credit that they have outsourced some job to external private companies.
At Indian consulate the story is quite different. There are many who share Pooja's feeling on this subject as being used to dealing with efficient private businesses in US, as soon as you enter the consulate, the sarkari inefficiency hits you like a ton of bricks. Every small screwup looks like a giant under our microscope and each further screwup just frustrates us exponentially.
As per my last visit to SF consulate, bracing for the worst, I got a surprise to find that it was a breeze, mostly because the lady at the counter was more compassionate and accommodating then the prior ones. But the failure is glaringly at the top level where they fail to define and refine the process, proof-read the information on website (list of document is vague and contains repetitions).
To summarize I think good workers can deliver some time, but the team will ultimately be a failure without good management at the top, and we all know the top management is sarkari babus who could care less as they were appointed from the sifarish of the Govt in New Delhi and not on their own merit.
snathan
02-28 05:42 PM
I understand you don’t care about the United States and its people and you’re only interested in what you can gain from them but if you weren’t so blinded by greed you’d see this is something else they can give to you. Now I know why I took the route I did, I would have accomplished far less in my personal life with the likes of you. In fact, I may doing to much sharing my expertise with you. I refuse to have my name tarnished any further. Besides, you’re only a beginner. What was I thinking? IV really ought to make it clear to everyone that this is an amateur site. Maybe by changing its name to Beginning Immigration. IV definitely is not the voice of Immigration – my voice is different from IVs and I’m dealing with immigration. I may have to contact the internet higher-ups about this farse.
Thanks for sharing your expertise. But unfortunately we are not in the drug trafficking business. IV is only for legal employment based immigrants. This is clearly stated in the IV policy.
Believe me, you wont get any help here. You like it or not, its the fact. So dont waste our time as well as your's.
Thanks for sharing your expertise. But unfortunately we are not in the drug trafficking business. IV is only for legal employment based immigrants. This is clearly stated in the IV policy.
Believe me, you wont get any help here. You like it or not, its the fact. So dont waste our time as well as your's.
