pointlesswait
05-05 10:08 AM
absurd..!!
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JazzByTheBay
07-11 10:03 PM
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
cox
November 26th, 2005, 11:15 AM
My primary tip is patience... By very early, I mean at or just after sunrise... Early's no problem, I don't sleep anyway. :p I'll work on my patience ;)
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks... I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem... It doesn't always work, but it does so often enough that it's worth hauling the sticks around... I remember Don's bamboo stick tip now that you remind me. I'll go to the nursury today...
These days I make heavy use of my 5-in-1 disk for diffusion and reflection... but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it... Kevin's suggestion of using a quality reflector is a good idea, I'll go the camera store after the nursury...
As for shooting technique, a tripod is a must... and hang the camera upside down... and frequently use mirror lock up... GaryI use a manfrotto 3001BPRO tripod, which allows you to put the camera all the way onto the ground, and even position the center column horizontally, but I use a pan-tilt head that's not too flexible (and I bent it the other day :(). I'll look at ball heads while I'm at the camera store... I never thought of hanging the camera upside down! I'll try that. Great tip. I use mirror lock-up when shooting thru my telescope, but forgot to use it here. Will do.
Hope all of this rambling helps... Gary
Thanks for the feedback, Gary, I really appreciate it.
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks... I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem... It doesn't always work, but it does so often enough that it's worth hauling the sticks around... I remember Don's bamboo stick tip now that you remind me. I'll go to the nursury today...
These days I make heavy use of my 5-in-1 disk for diffusion and reflection... but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it... Kevin's suggestion of using a quality reflector is a good idea, I'll go the camera store after the nursury...
As for shooting technique, a tripod is a must... and hang the camera upside down... and frequently use mirror lock up... GaryI use a manfrotto 3001BPRO tripod, which allows you to put the camera all the way onto the ground, and even position the center column horizontally, but I use a pan-tilt head that's not too flexible (and I bent it the other day :(). I'll look at ball heads while I'm at the camera store... I never thought of hanging the camera upside down! I'll try that. Great tip. I use mirror lock-up when shooting thru my telescope, but forgot to use it here. Will do.
Hope all of this rambling helps... Gary
Thanks for the feedback, Gary, I really appreciate it.
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GCBy3000
09-19 07:16 PM
I have heard such cases and as per law, you are responsible to bring it to the USCIS notice about their mistake. Since you have one more month left, it is better to work with your attorney to iron out this issue. Make sure you bring this to UCSIS notice.
TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.
TO get 3 year extension your attorney needs to file the copy of approved 140along with the request for H1b extension. Make sure to ask for H4 also if you have one.
more...
arjunpa
08-18 10:32 AM
Hello
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
sobers
04-07 09:09 PM
Yes this is funny indeed:-)
Seems this guy is like an Ogre...
Anyhow, faxes is only one aspect. We need to try to make some personal contact with the staff, perhaps visit his DC/Milwaukee offices. If we can focus our energies there, i sincerely think we can reap greater rewards.
I sent you guys a pm. check it out.
Seems this guy is like an Ogre...
Anyhow, faxes is only one aspect. We need to try to make some personal contact with the staff, perhaps visit his DC/Milwaukee offices. If we can focus our energies there, i sincerely think we can reap greater rewards.
I sent you guys a pm. check it out.
more...
kerstbrd
08-31 12:53 PM
maybe I should register another country, declare war on your's, and then all your citizens can apply for refugee/asylum.
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AirWaterandGC
05-12 10:14 AM
This is what I received :
Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
Your message was sent to:
Senator Norm Coleman (R-MN)
Senator Amy Klobuchar (D-MN)
Representative Keith M. Ellison (D-MN 5th)
Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
Your message was sent to:
Senator Norm Coleman (R-MN)
Senator Amy Klobuchar (D-MN)
Representative Keith M. Ellison (D-MN 5th)
more...
nmdial
04-21 09:36 AM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
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sapota
02-27 01:51 PM
From March 05 to Sep 06 data can be found at :
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
more...
drona
11-15 02:51 PM
We are actively meeting with lawmakers across Southern California in OC, LA and San Diego. New members, please sign in to our local chapter, details are in my signature. Join in on local lawmakers meetings and help in raising awareness of our issues. We have experienced members in our group who can provide guidance and answer all your questions if you have never done anything like this before. We do need active members in various constituencies though, to help us reach out to all the lawmakers in our region. Read about our local lobbying activities on Southern California yahoo groups and perhaps you could contribute something to our efforts.
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MahaBharatGC
10-13 11:45 AM
But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
more...
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immi_seeker
07-14 12:31 PM
I called uscis and they have asked me to refile I-765. They said they will issue new EAD with extended dates. Not sure how long will it take. And i dont believe issuing 3 month EAD was intentional. They probbaly wont have any idea when the 485 would be adjudicated when they approve EAD.
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mbartosik
02-25 10:32 PM
Pappu is right (on earlier post on this thread)
To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.
To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.
more...
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ishwarmahajan@yahoo.com
09-24 05:37 PM
I am hoping you are going to change job in the same profession. What iti means is if you are working on technical side in IT, you are going to continue on technical side no matter what your designation is. I feel that USCIS has clear guidlines on this. please refer to the link below:
http://stats.bls.gov/soc/socguide.htm
I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.
"Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.
First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
:):):)
Thanks,
Ishwar
http://stats.bls.gov/soc/socguide.htm
I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.
"Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.
First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
:):):)
Thanks,
Ishwar
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WeShallOvercome
07-20 02:11 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
more...
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gondalguru
07-08 10:47 PM
i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.
btw it;s a good question for iv-physicians, are you part of that group? see my signature.
I have requested the membership for iv physician group for quite sometime but it is still not approved. I don't know what the problem might be.
I will pm you regarding NIW thing
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.
btw it;s a good question for iv-physicians, are you part of that group? see my signature.
I have requested the membership for iv physician group for quite sometime but it is still not approved. I don't know what the problem might be.
I will pm you regarding NIW thing
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gc_dream07
06-10 12:53 PM
I support this move. If it takes 10 years to get the GC after filing I-485, then we should get 10-year EAD/AP. Why should we pay every year throusands of dollar.
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glus
01-02 12:39 PM
Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...
Normally not, unless the IO marks the passport as "inadmissible" for any reason.
Normally not, unless the IO marks the passport as "inadmissible" for any reason.
TeddyKoochu
01-06 10:11 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
abqguy
09-16 03:35 PM
Will call the rest during my next break :)
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