kriskris
04-17 11:14 AM
My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.
My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?
My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?
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pappu
07-18 02:14 PM
=======================
Message from IV
IV does not recommend any such actions.
We are aware of the issue and if there is any acion item, we will post it.
also be aware of what we posted earlier on this issue:
http://immigrationvoice.org/forum/showthread.php?t=6084
http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
=========================
Message from IV
IV does not recommend any such actions.
We are aware of the issue and if there is any acion item, we will post it.
also be aware of what we posted earlier on this issue:
http://immigrationvoice.org/forum/showthread.php?t=6084
http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
=========================
Kitiara
05-27 09:08 AM
It took me about 5 minutes to ven <i>find</i> the links page... :sure: They're all vile. Truly hideous. :)
2011 Sexy Megan Fox For PSP
feedfront
02-01 11:07 AM
Enjoy the freedom.
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desi3933
02-18 07:55 PM
One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.
Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.
Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.
sbdol
08-05 06:33 PM
...
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 ?
If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.
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 ?
If every EB3 is ported to EB2 then EB2 will retrogress to 2001 and EB3 will become current.
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amitkhare77
09-04 09:54 AM
Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
2010 Direct Hit by *StarFox-Saiyan
krishgreen
06-01 04:43 PM
Hi All,
I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.
Here is the complete process that I have followed from start to End:
* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.
* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.
**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****
*Then he will drop you at US Consulate and stay outside until you pass the security line.
* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.
At the Visa Interview counter:
Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.
VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)
NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.
We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.
Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.
Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.
Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.
After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.
If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).
If anybody have any questions, please let me know.
Good luck.
I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.
Here is the complete process that I have followed from start to End:
* I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.
* Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
* Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
* On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.
**** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****
*Then he will drop you at US Consulate and stay outside until you pass the security line.
* After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
* After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
*After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.
At the Visa Interview counter:
Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.
VO: Why did you change the company from your Old to New.
ME: Explained the situations.
VO: Do you directly work for the client of your Current Company.
ME: No, I work for a client of another Vendor.
VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
VO: How do we trust that you are really working for the Client.
ME: I pulled out my client letter and Photo ID Card and gave it to VO.
VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
ME: Handed over all the W2's and Payslips.
VO: Can I see your bank statements for last 3 months.
ME: Gave my bank statements.
VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
ME : No.
VO: What is your job description.
ME: Explained.
VO: Is your greencard petition filed.
ME: Yes.
VO: Can I see your Approved labot and I-140.
ME: I have approved labor, but, not approved I-140.
VO: You are supposed to carry all the documents.
ME: Blank face
VO: Okay, your Visa is approved.
ME: Thank you :-)
NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.
We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.
Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.
Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.
Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.
After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.
If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).
If anybody have any questions, please let me know.
Good luck.
more...
rangaswamy
10-04 08:10 PM
1) Find employment in some company.. preferably a small one with india /overseas operations: - reason being they can send you to india / overseas and you can work from that country. Here also you will have a small problem.. you may have to switch to local payroll because your period will be greater than 6 months (i assume dec to oct 08)
2) Get a job in a non profit... im assuming this is hard.. if its been hard for you to get a job in 9 months after graduating, narrowing down the employers will only make it more difficult.
3)Enroll in some C grade school, where you pay less fees and then try again for h1b in 2008 quota but youwill have to be on F1 at least till then.
4) Dollar rate is less, India Inc is doing well.. forget this place and go home .. get a good job... think about coming back through consultant some other time
I know a lot of people who graduated in May 07 and are in this situation.. but you graduated in Dec 06 and should have been able to find a job in your field.
If you havent so far.. then i assume your field is not doing so well or there are better candidates available.. both of which make your job hunt harder.
If i may ask.. which university did you go to?
A
2) Get a job in a non profit... im assuming this is hard.. if its been hard for you to get a job in 9 months after graduating, narrowing down the employers will only make it more difficult.
3)Enroll in some C grade school, where you pay less fees and then try again for h1b in 2008 quota but youwill have to be on F1 at least till then.
4) Dollar rate is less, India Inc is doing well.. forget this place and go home .. get a good job... think about coming back through consultant some other time
I know a lot of people who graduated in May 07 and are in this situation.. but you graduated in Dec 06 and should have been able to find a job in your field.
If you havent so far.. then i assume your field is not doing so well or there are better candidates available.. both of which make your job hunt harder.
If i may ask.. which university did you go to?
A
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mheggade
08-01 01:07 PM
Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Is it just your imagination or did you base this on any source.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
Is it just your imagination or did you base this on any source.
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paskal
12-20 11:10 PM
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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.
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stxvr
07-20 12:12 PM
From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
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GCwaitforever
11-17 09:00 PM
My Dear friends I need your valuable suggestion. I have decided and fixed my mind to return home after 8 years as I recently got laid off after working 4 years in same company. My EB2 LC was pending last three years Dallas backlog. My previous employer will mail me W2 to my India home address. I do not know how to file Tax from India. Do I need to buy Turbo Tax software before leaving home? You can understand my present scenario. Any kind input will be much appreciated.
Very sorry to hear about the layoff. Filing tax from India is not a big deal. Many tax web sites accept credit cards or let you pay the tax filing fee out of your incoming refund or your bank account. You do not even have to wait for your W-2 to pay taxes if you read your last paycheck carefully.
Very sorry to hear about the layoff. Filing tax from India is not a big deal. Many tax web sites accept credit cards or let you pay the tax filing fee out of your incoming refund or your bank account. You do not even have to wait for your W-2 to pay taxes if you read your last paycheck carefully.
more...
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ita
01-23 10:06 AM
Hi,
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
dresses Star Fox Sagas: 1-16 colored
GCBy3000
04-17 10:29 AM
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
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truthinspector
01-28 08:12 PM
Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
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CRAZYMONK
08-16 03:26 PM
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
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puvathoor
02-17 11:02 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
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D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
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Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
Gravitation
04-13 09:48 AM
90 days after the Prez signs it, which he should fairly promptly after it's been ratified by both houses. However, all this is moot point -IMO- as the real sticky and unpredictable part is house and senate agreeing on the same bill, etc.
TomTancredo
03-16 04:33 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
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