EB3_SEP04
05-18 11:54 AM
The meaning of retroactive means - once the case gets reopened after MTR or AAO then your unlawful presence counter will revert back to "zero" - folks correct me if my interpretation is wrong
small correction: unlawful presence counter will revert back to "zero" UNLESS you had unlawful presence prior to the day the 485 was denied :)
small correction: unlawful presence counter will revert back to "zero" UNLESS you had unlawful presence prior to the day the 485 was denied :)
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riva2005
08-01 11:57 AM
http://www.murthy.com/news/n_chert2.html (http://www.murthy.com/news/n_chert2.html)
Look at this portion of Murthy's letter:
This will help to reestablish the credibility of the USCIS as the agency created to provide "service" to the millions of immigrants seeking to file for immigration benefits and with U.S. employers that rely on the system to work in a consistent and fair manner.
Apparently, no one at Harvard told Murthy that when you put a word or phrase in quotes and you are not quoting a statement from someone, then the quotes are a manner to taunting and saying it like - So called. In this example, it means the USCIS provides what it calls service, and that USCIS service is ostensibly service, and not actually service and therefore the word service is in quotes. As in the so-called service, not real service. Maybe the day they were teaching the meaning of quoting words and how its supposed to be sarcastic at Harvard, she was at home drafting the Benefits of retrogression (http://www.murthy.com/news/n_benret.html) document.
This letter, apparently to thank Chertoff, if taken literally word by word would actually mean that she is taunting the USCIS service by calling it "Service" in quotes.
Sarcasm and gratitude in same letter. So much for Ivy league education.
Maybe she can write a belated thank you note to Bill Clinton too, for signing the AC21 act, so that it seems to casual observer that Sheela Murthy caused the AC21 act and that Bill Clinton sought her advice on AC21.
Look at this portion of Murthy's letter:
This will help to reestablish the credibility of the USCIS as the agency created to provide "service" to the millions of immigrants seeking to file for immigration benefits and with U.S. employers that rely on the system to work in a consistent and fair manner.
Apparently, no one at Harvard told Murthy that when you put a word or phrase in quotes and you are not quoting a statement from someone, then the quotes are a manner to taunting and saying it like - So called. In this example, it means the USCIS provides what it calls service, and that USCIS service is ostensibly service, and not actually service and therefore the word service is in quotes. As in the so-called service, not real service. Maybe the day they were teaching the meaning of quoting words and how its supposed to be sarcastic at Harvard, she was at home drafting the Benefits of retrogression (http://www.murthy.com/news/n_benret.html) document.
This letter, apparently to thank Chertoff, if taken literally word by word would actually mean that she is taunting the USCIS service by calling it "Service" in quotes.
Sarcasm and gratitude in same letter. So much for Ivy league education.
Maybe she can write a belated thank you note to Bill Clinton too, for signing the AC21 act, so that it seems to casual observer that Sheela Murthy caused the AC21 act and that Bill Clinton sought her advice on AC21.
fromnaija
09-29 01:18 AM
I will have to go for spending 1500 $ for premium processing ? what is your opinion . I have my wife and son involved with my GC process too. Do you think it worth those money above and beyond 10,000 I had already spent.
If it really help to avoid possible retro I dont mind spending it. Can you tell your view
I can't believe you guys spend as much as $10,000. I thought employers paid for GC process.
If it really help to avoid possible retro I dont mind spending it. Can you tell your view
I can't believe you guys spend as much as $10,000. I thought employers paid for GC process.
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roseball
04-18 01:12 PM
Yes, once your I-140 is approved with your current employer, you can transfer to a new employer and get a 3 yr H1 extension. You can also port your priority date from your current labor certification application when you are ready to file 140 with the new employer (only if your 140 from old employer is not revoked/withdrawn)...
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Macaca
11-09 03:58 PM
There are 2 very dangerous reports at the site.
Globalization of R&D and Innovation: Implications for U.S. STEM Workforce and Policy (http://www.urban.org/publications/901129.html) Testimony before the U.S. House Subcommittee on Technology and Innovation By Harold Salzman, November 06, 2007
Assessing the Evidence on Science and Engineering Education, Quality, and Workforce Demand (http://www.urban.org/publications/411562.html) By B. Lindsay Lowell, Harold Salzman, October 29, 2007
The second report was covered by The Science Education Myth (http://www.businessweek.com/smallbiz/content/oct2007/sb20071025_827398.htm?chan=search) By Vivek Wadhwa | Business Week, October 26, 2007. It was criticized in the attached blog (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=23253&productCode=spec). I did not see any explanation for validity of this report. It is possible that the article did not cover all aspects of the report. I did not read the report.
One way of rebutting the report is to give examples of companies looking for persons. They appear to be claiming that this is not convincing.
The better way to rebut it is to show weakness in the model created in the report. This requires a very careful analysis of the report and a knowledge of US Education.
I very seriously urge some members to dissect this report and follow this debate very very carefully. It will keep coming back again and again and again ...
Please take it very seriously!
Globalization of R&D and Innovation: Implications for U.S. STEM Workforce and Policy (http://www.urban.org/publications/901129.html) Testimony before the U.S. House Subcommittee on Technology and Innovation By Harold Salzman, November 06, 2007
Assessing the Evidence on Science and Engineering Education, Quality, and Workforce Demand (http://www.urban.org/publications/411562.html) By B. Lindsay Lowell, Harold Salzman, October 29, 2007
The second report was covered by The Science Education Myth (http://www.businessweek.com/smallbiz/content/oct2007/sb20071025_827398.htm?chan=search) By Vivek Wadhwa | Business Week, October 26, 2007. It was criticized in the attached blog (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=23253&productCode=spec). I did not see any explanation for validity of this report. It is possible that the article did not cover all aspects of the report. I did not read the report.
One way of rebutting the report is to give examples of companies looking for persons. They appear to be claiming that this is not convincing.
The better way to rebut it is to show weakness in the model created in the report. This requires a very careful analysis of the report and a knowledge of US Education.
I very seriously urge some members to dissect this report and follow this debate very very carefully. It will keep coming back again and again and again ...
Please take it very seriously!
deafTunes123
05-08 01:21 PM
Thanks pbojja, webm, vactorbuy29, jnraajan, gccovet. I will update everyone with the progress.
Very good information and thoughts by every one.
Very good information and thoughts by every one.
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ksircar
11-23 04:41 PM
Status: I-485 pending
AP valid till 04/30/2010
I-94 vlaid till 02/15/2010
Do I need to apply for a new AP before 04/30/2010 even there is no plan to travel abroad (just to maintain status)?
My understanding is with I-485 Pending status I can live here legally. Valid AP is required only at the time of trvelling abroad. AP need not be maintained continuously.
Can someone please clarify?
AP valid till 04/30/2010
I-94 vlaid till 02/15/2010
Do I need to apply for a new AP before 04/30/2010 even there is no plan to travel abroad (just to maintain status)?
My understanding is with I-485 Pending status I can live here legally. Valid AP is required only at the time of trvelling abroad. AP need not be maintained continuously.
Can someone please clarify?
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pyaradesi
01-07 12:09 PM
I wonder if this can be addressed in the same manner the F-1 OPT relief was addressed - not needing a congressional vote.
I think the biggest thing is to have the freedom to work and study, obviously one can study on H4 but there are drawbacks and disadvantages when compared to an F1.
I am fully aware that there will by naysayers who will argue that this circumvents the H1b and the F1. But for a country that prides itself on freedom and justice, hopefully people will see beyond this.
Main concerns:
Ability to work: If this is an H1b equivalent job, let the applicant go through the H1b process, not subject to cap.
Ability to study: let the H4 holder have equal privelges as an F1.
benefits: H4s are your future immigrants, by investing in their future, there is no doubt that they will be more productive in the future.
I wonder if this can be accomplished via executive order as opposed to a congressional vote?
I think the biggest thing is to have the freedom to work and study, obviously one can study on H4 but there are drawbacks and disadvantages when compared to an F1.
I am fully aware that there will by naysayers who will argue that this circumvents the H1b and the F1. But for a country that prides itself on freedom and justice, hopefully people will see beyond this.
Main concerns:
Ability to work: If this is an H1b equivalent job, let the applicant go through the H1b process, not subject to cap.
Ability to study: let the H4 holder have equal privelges as an F1.
benefits: H4s are your future immigrants, by investing in their future, there is no doubt that they will be more productive in the future.
I wonder if this can be accomplished via executive order as opposed to a congressional vote?
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eastindia
05-14 02:22 PM
How can you invest without a Greencard?
What is the use of investing when interest rates are sooooooooooo low?
You can get better rate in India or if you open an NRI account.
What is the use of investing when interest rates are sooooooooooo low?
You can get better rate in India or if you open an NRI account.
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guy03062
09-08 04:49 PM
Here is the response I received for SR that USCIS Customer Support has opened on my behalf on Aug 7, 2008:
--------------------------------------------------------------------
The status of this service request is:
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
--------------------------------------------------------------------
I think this looks generic.
PD: 06/2005, EB2-I
I-485 RD: 07/02/2007
I-485 ND: 08/01/2007
--------------------------------------------------------------------
The status of this service request is:
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
--------------------------------------------------------------------
I think this looks generic.
PD: 06/2005, EB2-I
I-485 RD: 07/02/2007
I-485 ND: 08/01/2007
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diyashil
07-11 12:40 PM
Are we doing this rally in chicago? Please advise.
Thanks
SB
Thanks
SB
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Munna Bhai
01-09 03:59 PM
I had an RFE for the ability to pay, PD is sep 2004 , USCIS asked the ability to pay since PD . I have been getting paid more than double the proferred wage since PD so it was easy to prove.
USCIS asked to prove the A2P for all the petitions pending simultaneously and My lawyer handled it very well.
I think NSC routinely asks for the A2P. My lawyers is very conservative he did not even include my w2s while applying 140. His philosophy is dont give any extra info unless otherwise explicitly asked.
Did they asked for A2P before I-140 approval? or at I-485 stage??
USCIS asked to prove the A2P for all the petitions pending simultaneously and My lawyer handled it very well.
I think NSC routinely asks for the A2P. My lawyers is very conservative he did not even include my w2s while applying 140. His philosophy is dont give any extra info unless otherwise explicitly asked.
Did they asked for A2P before I-140 approval? or at I-485 stage??
more...
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ryan
02-16 04:49 PM
* Conservative Republican Rep. Issa of California introduced a bill to eliminate the diversity lottery progam and replace the numbers by the U.S. educated STEM Ph.D. immigration. This bill has been pending in the House Judiciary Committee.
* Yesterday, another conservative Republican from the Virginia, Rep. Bob Goodlotte, introduced another bill, H.R. 704, with 12 ultra conservative Republican cosponsors, to eliminate the diversity lottery program. (VA).
I appreciate we are all in queue to have that resident card. Most, if not all amongst us have been fortunate to have an education, travel, find work and a livelihood here in America. However, there are the less fortunate who may not have the opportunities (or the possibilities) The Diversity Lottery program extends that possibility to those less fortunate, restricted in their lives for whatever reason and so on. Giving people an opportunity so they too can have a better future is (one of the) beauty of this land. This also brings more diversity to the land, where people of different backgrouds / origins come together. Personally, I find it all quite fascinating, because I grew up in a multicultural town, where people hardly integrated. Everybody formed their own little “towns”. Anyway, I for one, do not support the removal of this program in its entirety, because I do not believe someone with a Masters (I have one) or a PhD education, should have more privileges (in addition to what's on hand) to folks who may not have any? Anyway, it’s just an opinion.
* Yesterday, another conservative Republican from the Virginia, Rep. Bob Goodlotte, introduced another bill, H.R. 704, with 12 ultra conservative Republican cosponsors, to eliminate the diversity lottery program. (VA).
I appreciate we are all in queue to have that resident card. Most, if not all amongst us have been fortunate to have an education, travel, find work and a livelihood here in America. However, there are the less fortunate who may not have the opportunities (or the possibilities) The Diversity Lottery program extends that possibility to those less fortunate, restricted in their lives for whatever reason and so on. Giving people an opportunity so they too can have a better future is (one of the) beauty of this land. This also brings more diversity to the land, where people of different backgrouds / origins come together. Personally, I find it all quite fascinating, because I grew up in a multicultural town, where people hardly integrated. Everybody formed their own little “towns”. Anyway, I for one, do not support the removal of this program in its entirety, because I do not believe someone with a Masters (I have one) or a PhD education, should have more privileges (in addition to what's on hand) to folks who may not have any? Anyway, it’s just an opinion.
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milind70
06-19 04:31 PM
Hi All,
The USCIS clinic I had been to does not have chicken pox vaccine and are not sure when they will get one. The Dr. said that they cant do anything about it and can write on the form that no vaccination was available. But she was not sure how USCIS would decide on this comment. Has anyone run into similar situation? What are my options in this scenario?
Thanks
Only MMR and TD are applicable for the age group you r in.
Chicken Pox is not applicable for adults.
The USCIS clinic I had been to does not have chicken pox vaccine and are not sure when they will get one. The Dr. said that they cant do anything about it and can write on the form that no vaccination was available. But she was not sure how USCIS would decide on this comment. Has anyone run into similar situation? What are my options in this scenario?
Thanks
Only MMR and TD are applicable for the age group you r in.
Chicken Pox is not applicable for adults.
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veni001
07-08 07:34 AM
Here is the link...
Consulate General of the United States Hyderabad, India - Home (http://hyderabad.usconsulate.gov/advance_doc_submission2.html)
good luck:D
below are the list of documents that HYD consulate is specifically requesting..Somehow the link is not working anymore...I actually had this saved in a notepad..
The list is very extensive like...
Now, from employer or the H1B/L1 Sponsor/Petitioner, you are suggested to carry these documents, It does not say mandatory, but says suggested. (Substitute L1 wherever you see H1B for L1 visa holders)
H1B visa Petition and Supporting docs filed with USCIS
Employment contract letter signed by you and the H1B visa sponsor
Your H1B Sponsor�s Income tax returns of last two years and Financial statements
Notarized list of all the H1B Sponsor�s employees at the listed job site with specified information about each employee.
H1B sponsor�s State unemployment wage reports for wages paid to employees within the state
Letter from Client company regarding project and copy of contract between H1B sponsor and client with all the details of time of project, agreement, etc
Copy of contract between H1B sponsor and the job site ( the location where you will work)
Letter from job site that there is a vacancy for you to work there
A detail report on the project that you will work on at client including the technical details, time line, current status, employees assigned, etc
You will have to carry these personal documents as applicable
Your personal license to practice your profession in America
Original documents of all Academics credentials like degree certificates
Work experience documents from previous jobs, etc
Old passport (if any)
If you were in US, evidence of extension of stay
If you worked in US before, W2 forms and other tax filings for all those years
Consulate General of the United States Hyderabad, India - Home (http://hyderabad.usconsulate.gov/advance_doc_submission2.html)
good luck:D
below are the list of documents that HYD consulate is specifically requesting..Somehow the link is not working anymore...I actually had this saved in a notepad..
The list is very extensive like...
Now, from employer or the H1B/L1 Sponsor/Petitioner, you are suggested to carry these documents, It does not say mandatory, but says suggested. (Substitute L1 wherever you see H1B for L1 visa holders)
H1B visa Petition and Supporting docs filed with USCIS
Employment contract letter signed by you and the H1B visa sponsor
Your H1B Sponsor�s Income tax returns of last two years and Financial statements
Notarized list of all the H1B Sponsor�s employees at the listed job site with specified information about each employee.
H1B sponsor�s State unemployment wage reports for wages paid to employees within the state
Letter from Client company regarding project and copy of contract between H1B sponsor and client with all the details of time of project, agreement, etc
Copy of contract between H1B sponsor and the job site ( the location where you will work)
Letter from job site that there is a vacancy for you to work there
A detail report on the project that you will work on at client including the technical details, time line, current status, employees assigned, etc
You will have to carry these personal documents as applicable
Your personal license to practice your profession in America
Original documents of all Academics credentials like degree certificates
Work experience documents from previous jobs, etc
Old passport (if any)
If you were in US, evidence of extension of stay
If you worked in US before, W2 forms and other tax filings for all those years
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sunny1000
02-27 10:00 AM
I have a 3-years bachelor's in computer science and 10 years work experience in the same field (8 years in the U.S). I have been working for a IT company in which I am the only H1-B holder and considered an expert in my field of work. I have been waiting in line for 5 yrs for my LCA (EB3) to get approved and never tried to beat the system. I have been an active monetary contributor and been with IV since its membership was just in the tens.
The only reason I started this thread was to point out the inconstiencies in USCIS policy and ask for IV's help.
Everyone who comes to this country, comes here with one dream - a better way of life. Immigrants have been exploited all thru American History. Delaying the greencard, attaching the H1/greencard process to an employer etc, are all forms of exploitation.
Whatever your reasons might be, it does not give you any right to ask somebody else to go home.
The only reason I started this thread was to point out the inconstiencies in USCIS policy and ask for IV's help.
Everyone who comes to this country, comes here with one dream - a better way of life. Immigrants have been exploited all thru American History. Delaying the greencard, attaching the H1/greencard process to an employer etc, are all forms of exploitation.
Whatever your reasons might be, it does not give you any right to ask somebody else to go home.
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Sideliner
03-13 09:55 AM
Forgot to add, I dont have any US degree.
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krishmunn
08-29 10:27 AM
Thanks for quick response...I believe you did not appear for H1B visa stamp and travelled old valid H1B visa, have you been sent to secondary inspection? could you please share your conversation at POE? once again many many thanks...
I did not go for new H1 stamp. My old stamp was expiring within 10 days of my travel. I was not sent for secondary inspection (I do nto work as consultant -- FTE in an American Company with less then 10% on H1).
Nothing unusual at PoE however, the officer seemed to be a little inexperienced. He told me that I should not have surrendered my new I-94 (the one that came with H1 extension) during exiting US. I know that is incorrect but did not argue with him.
No other problem at all. In fact, he did not do a full fingerprint for me (only thumb) but did that for my wife. When I asked , he said "my computer says so" :)
BTW, I was scrutinized a lot by the airlines (Jet) guys in India though they had no business. I told them since my Visa has 10 more days I am fine transiting through Heathrow.
Per my experience, there is no issue if you do not have any other problem (client letter, employee-employer relation etc)
I did not go for new H1 stamp. My old stamp was expiring within 10 days of my travel. I was not sent for secondary inspection (I do nto work as consultant -- FTE in an American Company with less then 10% on H1).
Nothing unusual at PoE however, the officer seemed to be a little inexperienced. He told me that I should not have surrendered my new I-94 (the one that came with H1 extension) during exiting US. I know that is incorrect but did not argue with him.
No other problem at all. In fact, he did not do a full fingerprint for me (only thumb) but did that for my wife. When I asked , he said "my computer says so" :)
BTW, I was scrutinized a lot by the airlines (Jet) guys in India though they had no business. I told them since my Visa has 10 more days I am fine transiting through Heathrow.
Per my experience, there is no issue if you do not have any other problem (client letter, employee-employer relation etc)
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crazyghoda
04-23 04:43 PM
if your brother has already paid his fees in IIM make sure he takes that fee recpt with him to show the officer. Tell him to mention that he is looking at spending some time with his whole family together and getting a nice vacation before starting to slog for the next 2 years.
If your brother has any assets in his name like house, car or any stocks, etc then take those docs along to show the consular officer. The consular officer merely needs to be satisfied that he will come back after his trip and not stay back. Expect questions like why did you choose IIM and not a US University, etc and be prepared for a good answer.
In most cases, when a consular officer sees someone who is meritorious they are usually very courteous.
If your brother has any assets in his name like house, car or any stocks, etc then take those docs along to show the consular officer. The consular officer merely needs to be satisfied that he will come back after his trip and not stay back. Expect questions like why did you choose IIM and not a US University, etc and be prepared for a good answer.
In most cases, when a consular officer sees someone who is meritorious they are usually very courteous.
brahmam
07-12 10:26 PM
It's about the great man, Gandhi ji. Not about the religion.
TeddyKoochu
04-23 08:38 AM
Thank you TeddyKoochu (Sir) for shedding light, but i still don't understand why the dates move backwards? and when the vb says U, what does it mean?
What happens is that when dates are advanced forward sometimes more than estimated number of people becomes eligible to be approved.
- If the number of people eligible to be approved is more than the annual quota itself then some out of them will get approved till the quota is finished and the category becomes 'U'.
- However if USCIS / DOS feel at any given point of time that lesser numbers are available then they will move the dates back (Retrogress).
My advice to you is don't worry about all this. Depending on your degree try and find an employer who can file for you at the soonest in the highest category that you can be eligible for. See retrogression is something which is out of ones control, however delay from ones own side is entirely ones own mistake.
What happens is that when dates are advanced forward sometimes more than estimated number of people becomes eligible to be approved.
- If the number of people eligible to be approved is more than the annual quota itself then some out of them will get approved till the quota is finished and the category becomes 'U'.
- However if USCIS / DOS feel at any given point of time that lesser numbers are available then they will move the dates back (Retrogress).
My advice to you is don't worry about all this. Depending on your degree try and find an employer who can file for you at the soonest in the highest category that you can be eligible for. See retrogression is something which is out of ones control, however delay from ones own side is entirely ones own mistake.
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