belmontboy
05-21 04:56 PM
we have become subject of joke for them!
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pellucid
04-05 03:31 PM
America embraces foreign-born ballplayers, but not engineers, much to the
dismay of big business, says Fortune's Marc Gunther.
By Marc Gunther, Fortune senior writer
NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
without such foreign-born stars as Albert Pujols, David Ortiz, Justin
Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
mysterious "gyroball."
It wouldn't be as much fun, would it? Fans want to see the most skilled
players compete - immigrants and Americans.
So why is it that people don't want skilled immigrants to compete for jobs
in the multibillion-dollar technology industry?
They view these immigrants as a threat. CNN anchor Lou Dobbs argues
permitting more educated, foreign-born engineers, scientists and teachers
into the country would force many qualified American workers out of the job
market.
That may be true in baseball, where the number of jobs on big league rosters
is fixed. That's not necessarily so in technology, where people with skills
and ambition help expand job opportunities. Immigrants helped start Sun
Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
Charts). Would America be better off if they'd stayed home?
"This is not about filling jobs that would go to Americans," says Robert
Hoffman, an Oracle (Charts) vice president and co-chair of a business
coalition called Compete America, which favors allowing more skilled workers
into the United States. "This is important to create jobs. It's not a zero
sum game."
This week, as it happens, is not just opening week of the baseball season.
It's the week when employers rush to apply for the limited number of visas,
called H-1B visas, that became available on April 1 to allow them to
temporarily hire educated, foreign-born workers. This year, Congress has
allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
students who earn advanced degrees from U.S. universities. After obtaining
guest-worker visas, employees can then seek green cards that allow them to
stay in the United States
FedEx and UPS did a brisk business last weekend because the visas are
awarded on a first-come, first-served basis. The first 65,000 are already
gone. The 20,000 earmarked for graduates of U.S. universities will be
distributed in a month or two, experts say.
This makes it very hard for companies to hire foreign-born graduates of the
U.S.'s top schools. More than half the graduate students in science and
engineering at U.S. universities were born overseas.
"It's sending a signal to the best international students that they may not
want to make their career in the United States," says Stuart Anderson,
executive director of the National Foundation for American Policy, a
research group. (Anderson, an immigration specialist, also wrote a study of
baseball and immigration that's available here as a PDF file.)
Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
the importance of overhauling our high-skilled immigration system....
Unfortunately, our immigration policies are driving away the world's best
and brightest precisely when we need them most."
CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
American workers right out of the job market," he fretted on the air after
Gates testified. "There's something wrong when a man as smart as Bill Gates
advances an elitist agenda, without regard to the impact that he's having on
working men and women in this country."
It's not just Dobbs. Internet bulletin boards and blogs are filled with
complaints about foreign-born engineers. The U.S. branch of the Institute of
Electrical and Electronics Engineers, the leading society of engineers,
brought about 60 engineers to Washington last month to ask for reforms to
the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
designed to crack down on companies that use the guest worker program to
displace Americans from jobs.
As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas.
In a paper for the Economic Policy Institute, Hira says that expanding H-1B
visas without improving controls will "lead to more offshore outsourcing of
jobs, displacement of American technology workers (and) decreased wages and
job opportunities" for Americans. He told me: "Bill Gates talks about how
you are shutting out $100,000-a-year software engineers. But if you look at
the median wage for new H1-B workers, it's closer to $50,000."
Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
said the average salary for Microsoft's H1-B workers is more than $109,000,
and that the company spends another $10,000 to $15,000 per worker applying
for the visas and helping workers apply for green cards. "We only hire
people who we want to have on our team for the long run," he said.
It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
and other members of the Compete America coalition - do not use the guest
worker program to hire cheap labor. They just want to hire the best
engineers, many of whom are foreign born.
So what to do? Everyone seems to agree that the H1-B program needs fixing. (
Even Hira, the critic, says the United States should absorb more high-
skilled immigrants.) Whether Congress can fix it is questionable. The guest-
worker program is tied up in the debate over broader immigration reforms.
But guess what? Just last year, Congress passed the Compete Act of 2006,
which stands (sort of) for "Creating Opportunities for Minor League
Professions, Entertainers and Teams through Legal Entry." Yes, that law made
it easier for baseball teams to get visas for foreign-born minor league
players.
If the government can fix the problem for baseball, surely it can do so for
technology, too.
dismay of big business, says Fortune's Marc Gunther.
By Marc Gunther, Fortune senior writer
NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
without such foreign-born stars as Albert Pujols, David Ortiz, Justin
Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
mysterious "gyroball."
It wouldn't be as much fun, would it? Fans want to see the most skilled
players compete - immigrants and Americans.
So why is it that people don't want skilled immigrants to compete for jobs
in the multibillion-dollar technology industry?
They view these immigrants as a threat. CNN anchor Lou Dobbs argues
permitting more educated, foreign-born engineers, scientists and teachers
into the country would force many qualified American workers out of the job
market.
That may be true in baseball, where the number of jobs on big league rosters
is fixed. That's not necessarily so in technology, where people with skills
and ambition help expand job opportunities. Immigrants helped start Sun
Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
Charts). Would America be better off if they'd stayed home?
"This is not about filling jobs that would go to Americans," says Robert
Hoffman, an Oracle (Charts) vice president and co-chair of a business
coalition called Compete America, which favors allowing more skilled workers
into the United States. "This is important to create jobs. It's not a zero
sum game."
This week, as it happens, is not just opening week of the baseball season.
It's the week when employers rush to apply for the limited number of visas,
called H-1B visas, that became available on April 1 to allow them to
temporarily hire educated, foreign-born workers. This year, Congress has
allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
students who earn advanced degrees from U.S. universities. After obtaining
guest-worker visas, employees can then seek green cards that allow them to
stay in the United States
FedEx and UPS did a brisk business last weekend because the visas are
awarded on a first-come, first-served basis. The first 65,000 are already
gone. The 20,000 earmarked for graduates of U.S. universities will be
distributed in a month or two, experts say.
This makes it very hard for companies to hire foreign-born graduates of the
U.S.'s top schools. More than half the graduate students in science and
engineering at U.S. universities were born overseas.
"It's sending a signal to the best international students that they may not
want to make their career in the United States," says Stuart Anderson,
executive director of the National Foundation for American Policy, a
research group. (Anderson, an immigration specialist, also wrote a study of
baseball and immigration that's available here as a PDF file.)
Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
the importance of overhauling our high-skilled immigration system....
Unfortunately, our immigration policies are driving away the world's best
and brightest precisely when we need them most."
CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
American workers right out of the job market," he fretted on the air after
Gates testified. "There's something wrong when a man as smart as Bill Gates
advances an elitist agenda, without regard to the impact that he's having on
working men and women in this country."
It's not just Dobbs. Internet bulletin boards and blogs are filled with
complaints about foreign-born engineers. The U.S. branch of the Institute of
Electrical and Electronics Engineers, the leading society of engineers,
brought about 60 engineers to Washington last month to ask for reforms to
the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
designed to crack down on companies that use the guest worker program to
displace Americans from jobs.
As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas.
In a paper for the Economic Policy Institute, Hira says that expanding H-1B
visas without improving controls will "lead to more offshore outsourcing of
jobs, displacement of American technology workers (and) decreased wages and
job opportunities" for Americans. He told me: "Bill Gates talks about how
you are shutting out $100,000-a-year software engineers. But if you look at
the median wage for new H1-B workers, it's closer to $50,000."
Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
said the average salary for Microsoft's H1-B workers is more than $109,000,
and that the company spends another $10,000 to $15,000 per worker applying
for the visas and helping workers apply for green cards. "We only hire
people who we want to have on our team for the long run," he said.
It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
and other members of the Compete America coalition - do not use the guest
worker program to hire cheap labor. They just want to hire the best
engineers, many of whom are foreign born.
So what to do? Everyone seems to agree that the H1-B program needs fixing. (
Even Hira, the critic, says the United States should absorb more high-
skilled immigrants.) Whether Congress can fix it is questionable. The guest-
worker program is tied up in the debate over broader immigration reforms.
But guess what? Just last year, Congress passed the Compete Act of 2006,
which stands (sort of) for "Creating Opportunities for Minor League
Professions, Entertainers and Teams through Legal Entry." Yes, that law made
it easier for baseball teams to get visas for foreign-born minor league
players.
If the government can fix the problem for baseball, surely it can do so for
technology, too.
jay75
08-30 05:09 PM
What is Sub-Labor?
I field my GC thru Very good company.
I am not understanding why its happend
Well..Why don't give more details? folks in this thread asked all details and try to help you.
I field my GC thru Very good company.
I am not understanding why its happend
Well..Why don't give more details? folks in this thread asked all details and try to help you.
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greencardfever
07-19 11:49 PM
I'm in the same situation sundarpn and I've got the exact same 3 questions as you have. Could someone please answer them.
Thanks.
Thanks.
more...
rb_248
10-19 04:58 PM
Friends,
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
chanduv23
05-11 10:17 AM
I sincerely think that the reason why various immigration agencies are getting away with 'doing nothing' for Legal immigrants is because media does not discuss the backlogs in the immigration system. If we can focus on some really shocking statistics....data...and request some reasonable media personnel to discuss and take up as a story...it would be more helpful than all flower campaigns...and other forms of protests. I wrote to Fareed Zakaria today and you can do so as well. We can try other famous personalities on CNN such as Soledad O�Brien. If you know anybody on the Fox News side who might sympathize and investigate the issue, try them as well. Every media and politicians bracket us in the same group as illegals or fraud H1Bs...that image needs to change before something can happen...its absolutely bizarre and immoral in my opinion when the head of DHS cannot go to congress and say that there is an unfair situation for Legal Immigrants from India/China in the immigration system and she needs temporary assistance in fixing the system. Sec of State and Head of DHS surely have the authority to refer an unfair situation in the congress for a temporary legislative solution until the CIR is addressed.
You are missing the actual thing here. Backlogs are there in family based too - so this backlog is not "THEIR" problem - backlog is there because supply is more than demand. The Visa cap was congressionally mandated and when politcians question DHS - they only say - we will improve our efficiency and process applications efficiently - now without a visa number DHS really cannot issue you a green card. All they can do is process your application and keep. Visa number is the last thing in the process and they have to obtain visa numbers from DOS.
Now - the issue for EB applicants being tied up to employer throughout the process is what is creating a difficult situation for us. Over the past 3 years IV has done a lot of lobbying to the effect of doing rallies, admin fixes, grass root lobbying, media drives and helping people in all sorts of issues.
Look - it is not easy to convince people to change laws - because people on the other side do not see things the way we see it. It is all politics and one has to understand how get things done effectively. When you raise voice - the other side comes back with their POV talking about jjob losses, wage depression, fraud etc..
I see people crying and cribbing and blaming everything and everyone for their situation.
What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
You are missing the actual thing here. Backlogs are there in family based too - so this backlog is not "THEIR" problem - backlog is there because supply is more than demand. The Visa cap was congressionally mandated and when politcians question DHS - they only say - we will improve our efficiency and process applications efficiently - now without a visa number DHS really cannot issue you a green card. All they can do is process your application and keep. Visa number is the last thing in the process and they have to obtain visa numbers from DOS.
Now - the issue for EB applicants being tied up to employer throughout the process is what is creating a difficult situation for us. Over the past 3 years IV has done a lot of lobbying to the effect of doing rallies, admin fixes, grass root lobbying, media drives and helping people in all sorts of issues.
Look - it is not easy to convince people to change laws - because people on the other side do not see things the way we see it. It is all politics and one has to understand how get things done effectively. When you raise voice - the other side comes back with their POV talking about jjob losses, wage depression, fraud etc..
I see people crying and cribbing and blaming everything and everyone for their situation.
What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
more...
sundeep14
11-14 11:07 AM
Good Replies / Discussions ...
2010 Nicki will
dionysus
01-28 08:31 PM
I just applied for a PIO card for my daughter. I did not even know that there was any other option available.
more...
luvschocolates
06-29 11:00 PM
I got the exact same letter today, except mine says below "CANCELLED", that I am to appear on July 9th at the Jacksonville FL. office at 8 am. - so is it cancelled or not?
I spent 45 minutes calling the stupid 800 number on the notice, wasting time pressing numbers 1-9 and never getting a human being on the phone to find out what was going on. Needless to say I was extremely frustrated by the time I just pressed 3, which was supposed to be for a change of address, but I finally got a real person on the line and she managed to transfer me to the right department.
When I finally got to speak to someone there, this woman was as confused as I was and nothing was resolved. She said that the July 4th holiday affected appointments from July 5-8, but that doesn't include my appointment date. She finally said she would forward the issue to her supervisor and have her contact me to sort this out. I have not heard anything yet so I have no clue at this point what is going on and if I need to show up for the appointment or not.
I have to travel approx. 3 hours each way to get to Jacksonville and I made that clear, that I was not willing to waste time getting the folks I live with to drive that distance when they are elderly and disabled if I wasn't meant to be there.
She was very nice and very understanding but unable to resolve the problem so I wait for the supervisor I guess.
Does anyone else have a clue what happened or why this sort of confusion went unnoticed? I mean, anyone reading the notice I got would go :confused:
I'm hoping they will get back to me tomorrow cause the appt. date is not far away and there is no way I will miss it, not after waiting 2 years just to get some feedback on the status of my application.
I spent 45 minutes calling the stupid 800 number on the notice, wasting time pressing numbers 1-9 and never getting a human being on the phone to find out what was going on. Needless to say I was extremely frustrated by the time I just pressed 3, which was supposed to be for a change of address, but I finally got a real person on the line and she managed to transfer me to the right department.
When I finally got to speak to someone there, this woman was as confused as I was and nothing was resolved. She said that the July 4th holiday affected appointments from July 5-8, but that doesn't include my appointment date. She finally said she would forward the issue to her supervisor and have her contact me to sort this out. I have not heard anything yet so I have no clue at this point what is going on and if I need to show up for the appointment or not.
I have to travel approx. 3 hours each way to get to Jacksonville and I made that clear, that I was not willing to waste time getting the folks I live with to drive that distance when they are elderly and disabled if I wasn't meant to be there.
She was very nice and very understanding but unable to resolve the problem so I wait for the supervisor I guess.
Does anyone else have a clue what happened or why this sort of confusion went unnoticed? I mean, anyone reading the notice I got would go :confused:
I'm hoping they will get back to me tomorrow cause the appt. date is not far away and there is no way I will miss it, not after waiting 2 years just to get some feedback on the status of my application.
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Robert Kumar
01-03 10:46 AM
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
more...
sanjay
07-31 04:59 PM
Neither me nor my wife had US degree. Both went to Canada for stamping. myself in Ottawa and my wife in Toronto with in a gap of five months and had no problems what so ever. 7 of my friends also went to Canada for stamping but no issues with them also.
I think Canada is more safer than going India.
I think Canada is more safer than going India.
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madhavig
04-04 05:37 PM
You and your spouse should go to the nearest IRS office with the new SSN and old ITIN letters. They can immediately make the updates in the system and you will receive the letter from IRS about invalidating the ITIN and replacing it with SSN.
Even if you do not have ITIN letter, you can still tell them but do take the SSN card and photo identity for any verification.
Even if you do not have ITIN letter, you can still tell them but do take the SSN card and photo identity for any verification.
more...
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techbuyer77
06-20 11:20 AM
File i-485 with evl from old employer as future employee. after 180 days invoke ac21 and switch to current (given both jobs are similar in duties and such)
tattoo Billboard Music Awards.
rav_bac
12-02 11:22 PM
Hi Praveen,
did they marked which documents required on the yellow slip issued by Consualte. ???
Thanks in advance!!!
hello all,
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
did they marked which documents required on the yellow slip issued by Consualte. ???
Thanks in advance!!!
hello all,
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
more...
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UKannan
05-23 09:24 AM
Is there anyway to get the I140 Approval or at least the Receipt # other than that off thru employer?
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gcnirvana
06-15 12:43 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
more...
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rani77
10-09 09:29 AM
situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
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sundevil
06-14 05:14 PM
The Last I heard they had 40K unused numbers(Ombudsman report). Some lucky few with much newer priorities might get through if USCIS tries to clear these numbers fast by end of FY'07. I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.
Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
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reddy77
01-13 06:11 PM
Thanks Guys for taking time and replying to my questions, was able to get answers for all my queries. Thanks ...
hariswaminathan
01-21 07:15 PM
If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
SunnySurya
08-21 02:31 PM
Just frustation my dear freind, just frustation, got any ideas about the Indian Job market?
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
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