Friday, June 24, 2011

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  • vladdrac
    06-11 03:57 PM
    yes you cannot go wrong with boobies





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  • STAmisha
    11-14 05:55 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain





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  • GCwaitforever
    02-27 05:42 PM
    My intention is that he would join the forces to reinstate the V Visa provision. There are many permanent residents who can not bring their spouses/children here.





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  • chanduv23
    03-14 12:07 PM
    Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

    This trickling effect was already discussed. It is from murthy.com .



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  • rally
    09-17 06:07 PM
    Congrats on getting ur recepit!

    Did your apps get transferred to Texas/Cal service centres? Does your recepit have LIN/SRC/WAC prefixes?


    Thanks a lot!





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  • Munna Bhai
    09-15 11:36 AM
    great idea ...


    please keep this thread alive... we don't have much way out..we need to do something quickly and I am in favour of this idea..



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  • akred
    07-07 12:57 PM
    Rated 5 stars.





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  • irock
    08-09 02:30 PM
    From posts here, it seems they used to give 3 year based on approval date rather than date of filing. But USCIS recent faq says that they will look for date of filing. May be all the IOs don't yet know the latest rule/FAQ.
    btw, I applied my H1 extension on July 11th and approved on Aug 3rd. Got three year extension. Go figure.



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  • chaks7
    01-20 11:24 AM
    My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.





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  • return_to_india
    01-19 04:42 PM
    In this land where honey and milk flows, i always have that anxiety of loosing ( by virtue of lay off ) 'affordable' health care coverage and i haven't fully read what all fine-print stuff BlueCross Prudent Buyer plan have. And i do have a chronic condition. Currently the monthly premium is around $500 for the 3 member family.



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  • sundar99
    05-03 10:49 AM
    I would think the more people call this reporter is better as Silicon Valley has significant influence, and also - the number of h1b concentration is very high.

    Mentioning the plight of EB Retro, Backlog, is the price one pays for waiting in line and respecting the law of the land !... --> Already people are pissed with Mexican Citizens calling the US their land and demanding citizenships (instead of referering to them as Illegal Immigrants, better to call them Mexican Citizens, and we should tell the US Govt to treat them like any other citizens of other countries). We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests..... Family based ones are not working out for them. H1B -to GC --> process will surely work for us and them..

    The reporter had no clue that EB Retro victims have been waiting in line for so long. THey are only aware of Family based immigrations. Please do call and let them know, they are not aware of the Back log waits as well... Do no assume most of the folks in US is aware of the legal immigrants wait. They do not know at all. It is time we spend few minutes with all avenues to ensure all get to know the issues faces by legal immigrants.

    Learning 01 -> I am not a new comer here, I joined before you and have contributed significantly too, when Aman requested me to join initially -> I was pissed by one or two people like you who discourage ideas, so stayed away, We need to explore avenues "instead of My advise - ignore them and don't post or start new threads here. Instead write letters to editors" your quote. How do you know this is useless ?

    Do you think Senators etc care about any legal immigrants ? We need to take all approach and not rule out avenues. it is very important. At the end no one is sure, if EB Retro Folks or Back log victims will get any benefit. We need to work as a team, instead of pissing people off !





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  • a_tyagi26
    02-02 12:10 PM
    Assume:

    This mean from the date this bill gets enacted, one should stay in USA for five years continuously.

    It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.

    What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?

    I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.



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  • kaisersose
    04-16 03:34 PM
    I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?

    No.

    Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.





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  • on_h1b_since_1998
    06-20 12:15 PM
    If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!

    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.



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  • hsm2007
    09-21 07:42 AM
    Does it matter if it is Junior attorney or senior attorney in Murthy firm. I am not getting any appointments with senior until Friday.




    First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

    During discussion bring up the topic of new employment (C) as well .

    If you have the format from your current company attorney , show it to them .

    It might be simpler then you are thinking.





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  • sixburgh
    08-13 10:46 AM
    History:
    - My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
    - Wife had entered USA on H4 (2005)
    - In July 2007, we both got a chance to apply for 485, EAD and AP
    - Since then I switched to EAD, wife too started working on EAD
    - But my company also kept renewing my H1
    - During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
    - We both received our h1 and h4 notices.
    - Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
    - This is what I did, I got a stamp and entered USA now on H1.
    - Note that my wife continued to remain in USA and worked on EAD.
    - Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
    - Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
    - But once wife gets EAD, she will continue to use it to work.

    Question for fellow IV members :
    By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?

    (My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
    (I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)

    Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".

    Can someone shed some light on this: Am I right or wrong?
    Does this affect her or mine, pending 485/AOS ?



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  • tnite
    09-26 04:05 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    See my signature for NSC timeline for my I485





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  • hpandey
    07-03 02:35 PM
    Are you going to Mexico on a personal or official company business. If it is a personal visit I would advise you to wait until the H1b approval comes through.

    On the other hand if its an urgent company work then I would advise you to consult a lawyer and do what they say .





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  • vinoddas
    07-30 10:59 AM
    If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.

    Hi,
    Could you please elaborate on this point? Under what conditions can she use *my* priority date?





    Marphad
    03-26 06:01 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?





    shahsahil
    04-17 02:45 PM
    So, 10 month is indeed long time.
    I will try to follow up with DOL.

    Will try to find contact information online, if somone has some webpage link handy, pls pass it on.

    -Sahil.



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