StarSun
02-08 02:21 PM
Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.
Take action and register now: ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!
True.
IV in need of brave souls now :)
Take action and register now: ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about IV...it's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!
True.
IV in need of brave souls now :)
gccovet
07-16 08:39 AM
Hi,
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
Only I-9 is required.
gccovet
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
Only I-9 is required.
gccovet
manfrmind
11-03 05:42 PM
Do you guys think this 2008 election will have any impact on the immigration process?
chanduv23
08-07 08:04 AM
Please visit http://iv-tristate.blogspot.com
Please make it to this event
Please make it to this event
more...
485Mbe4001
05-17 06:31 PM
question along the same lines, any idea how much it costs to get LC via perm?
indianabacklog
10-27 05:04 PM
I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.
Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.
Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.
Once again I am sorry not to have had the chance to meet you today.
Please feel free to send me a PM, give me a telephone number and I will call you.
Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.
Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.
Once again I am sorry not to have had the chance to meet you today.
Please feel free to send me a PM, give me a telephone number and I will call you.
more...
dhesha
08-30 01:33 PM
did you ask them if the processing date on the website includes applications received on July 2 also? I know it is not clear... but maybe if you had asked them...?
Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=
Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=
GotGC??
03-09 12:36 PM
No surprises here...from Murthy Bulletin:
2. Employment-Based Visa Number Predictions
We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. 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), which was attended by several attorneys from our firm. 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 most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] 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.
2. Employment-Based Visa Number Predictions
We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. 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), which was attended by several attorneys from our firm. 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 most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] 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.
more...
ujjvalkoul
06-25 06:35 PM
It Has To Be A Desi Man!!
tikka
08-08 12:07 PM
^^^^^^^^^^
Lets move people!!
Lets move people!!
more...
shankar_thanu
08-03 10:01 PM
I applied in July, RD Jul 2nd. TSC
Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.
Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.
nc14
04-09 03:43 PM
Himu, I have been following IV for months now and have been doing my small part lately. I wanted to post this because like you I also want other readers to be aware of what other people think of Senior Members. I don�t share your sentiments where you say Senior Members have heckled people (I am also a Junior Member). In fact they have been more then helping.
Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).
My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?
Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?
.............................................
$60 + $20 (recurring contribution)
I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
Hope this make sense and we have more positive posts !!!
Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).
My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?
Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?
.............................................
$60 + $20 (recurring contribution)
I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
Hope this make sense and we have more positive posts !!!
more...
pappu
11-25 10:15 PM
We should not wait for CIR.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
ash0210
05-15 12:27 PM
Since yesterday after reading June bulletin, it seems that we are loosing "focus" now..no one is asking what discussions are going on CIR shdeuled on May 14?
Correct me if I am wrong!!
Correct me if I am wrong!!
more...
Sunx_2004
02-02 12:09 PM
I agree it has slim chance but I think it is a positive sign and if it works in our favor why not support it.
cheers
No way this amnesty would pass. This will end up in the ash heap of unpassed bills.
cheers
No way this amnesty would pass. This will end up in the ash heap of unpassed bills.
gg_ny
07-31 09:54 PM
gg_ny/others,
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
Hi,
I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.
Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.
1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?
2) gg-ny, can you eloborate on this please?
(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.
Thanks for your responses.
Sendil
Hi,
I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.
Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.
more...
for_gc
05-09 12:49 PM
I will like to attend. I will be travelling from Orlando, FL. One person.
GKBest
10-18 10:51 PM
July 3rd filer....LIN# (though I-140 approved at TSC)
Receipt Date: July 3
Notice Date: October 11
EAD Card: Waiting
No FP notice yet
I-140 approved: TSC
Originating Issuer of I-485 and I-765 : NSC
Receipt Date: July 3
Notice Date: October 11
EAD Card: Waiting
No FP notice yet
I-140 approved: TSC
Originating Issuer of I-485 and I-765 : NSC
tinuverma
03-18 11:45 AM
I am on H1 (8th year - not using EAD which I have) right now and a citizen friend of mine wants me to be involved with his website company. Business would involve subscription based access to website. He has hinted that one thing he is willing to consider is awarding me some percentage share in the company in return for my services as his website is not yet profitable.
If I would like to take that, what is the way to go?
1. Specifically, can someone tell me what I should do - LLC, something else...?
2. How would I pay myself from this without breaking H1-B laws?
3. If tomorrow I wanna close this company as I dont want to keep it for any reason, is there anything I need to be concerned with? Or it's as easy to close as a simple status update, call, etc?
Thanks
T
If I would like to take that, what is the way to go?
1. Specifically, can someone tell me what I should do - LLC, something else...?
2. How would I pay myself from this without breaking H1-B laws?
3. If tomorrow I wanna close this company as I dont want to keep it for any reason, is there anything I need to be concerned with? Or it's as easy to close as a simple status update, call, etc?
Thanks
T
gc_kaavaali
11-14 10:36 AM
After six months can i do H1 transfer with some other company...just want to be on H1 until i get GC (though it is not practical now because it takes years to get GC)...
vnsriv
03-31 04:32 PM
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
I second this. Tax Filing has no implications on your immigration status.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
I second this. Tax Filing has no implications on your immigration status.
