images hair 2011 Infiniti G37 IPL
unitednations
02-04 11:53 PM
I came to the conclusion just based on section INA 202 (a) (5) (A). Nothing more nothing less. You came to funny conclusion of "quaterly basis".
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
You are critizising H1B indians and their employer screwing the system which is not relevent to what we are talking here. If you feel so, then attack who ever spoiling the system and regulate those. Instead you are trying to justify your interperataion is right and what DOS is doing is right. I will be the happiest person if they ban labor subsitution and ban desi consulting companies or H1B dependent employer participating in GC sponsering. Then this mess might have not happened.
Because this discussion has happened so much. That is this exact discussion when everyone was trying to determine whether they should go for eb2 or eb3; the common prevailing attitude was horiziontal rather then vertical.
What made everyone shut up including me was what was written in november 2005 visa bulletin. It was there for everyone to see how it was going to be interpreted. Anothe law firm had reported chines usage year to date and it was concluded that they may fall short of the 11,000 visas (ie., 7% cap). With all this available; not one lawyer has decided to sue department of state or uscis over this. Why is that? Maybe what they are saying is correct and you are reading into it what you want to read into it.
Any time someone gets around to explaining the system; they are automatically branded anti-indian. Funny but everyone I know through immigration is Indian. Therefore, whenever someone brands me anti indian or even comes close to it; I get a very good chuckle out of it and so do the people who know me that frequent these boards and immigration.com
How the visas are being allocated actually is pretty relevant because it helps everyone to understand how it all works and comes together. I had been on the record that maybe people shouldn't get too worked up about this. The louder one becomes the more scrutiny starts happening. Once the scrutiny gets wratched up a few notches; are you ready to counter it.
What is this scrutiny that you may ask?
Newspaper in Maine did very thorough investigation of companies who sponsored labors through Maine. It was very hard hitting whcih asked for comments from Department of labor and USCIS. Both are investigating it. Essentially it said that companies rented out a cube and filed 60 labors and 100 h-1b's when their real offices were in other states that were taking a long time to get labors approved.
Backlog reduction centers are challenging companies to prove that their headquarters were where they said they were? They are questioning whether there is a permanent job. Companies are not responding and letting the labors go. Don't you think department of labor will start going into the approved labors and start scrutinizing them.
California service center denied many cases for two companies that I know of who had revenues of over $20 million. Reason for denial was that they are temp. agency and no permanent job. No permanent job; no I-140 approval. Companies have gotten a good dose of H-1b RFE's from california service center regarding this. Many have gotten the h-1b's denied because they can't even substantitate they have a job for the person. If they don't have a temp. job then how can they have a permanent job. Chennai consulate is giving very difficult time to staffing/consulates. It has gotten so bad that back in early december; consulates in india said if you are good in english you can go to ther consulaes in india. Guess what? Chennai it only takes two days to get an interview now because everyone refuses to go there. Just a matter of time before new delhi and mumbai catch up. if consulates are refusing visa stamping for temp. jobs what do you think will happen when they start ratcheting it up a notch to the permanent jobs.
Main reason they haven't gotten into the permanent jobs yet is because nurses which are really in demand also get greencards through staffing companies and are outsourced. Since, nurses are needed; uscis doesn't want to give a hard time to the staffing agencies; therefore, they don't want to be accused of double standards. We will see how this will change if at all as retrogression and increasing visas and studies are performed how people are getting greencards come to light.
btw; I have been on record that as long as country cap of 7% is maintained; it would have disasterous consequences for India/China to allow 485 filing without priority date. Since the 7% cap applies then that means someone who enters usa today from ROW and files an eb2 labor will get priority over you. Anyone can file a 485 as long as they have a labor, 140 and they are in non immigrant status. I know of three people through other forum who were from ROW; came on visitor visa found someone to file perm labor get approved in a couple of weeks and then go straight to 140/485. Since they can file 485 right away they get precedence over india/china. Anyone on visitor visa would be eligible. This would number in the millions. It would be quite possible that there would be never ending retrogression for India and China.
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
You are critizising H1B indians and their employer screwing the system which is not relevent to what we are talking here. If you feel so, then attack who ever spoiling the system and regulate those. Instead you are trying to justify your interperataion is right and what DOS is doing is right. I will be the happiest person if they ban labor subsitution and ban desi consulting companies or H1B dependent employer participating in GC sponsering. Then this mess might have not happened.
Because this discussion has happened so much. That is this exact discussion when everyone was trying to determine whether they should go for eb2 or eb3; the common prevailing attitude was horiziontal rather then vertical.
What made everyone shut up including me was what was written in november 2005 visa bulletin. It was there for everyone to see how it was going to be interpreted. Anothe law firm had reported chines usage year to date and it was concluded that they may fall short of the 11,000 visas (ie., 7% cap). With all this available; not one lawyer has decided to sue department of state or uscis over this. Why is that? Maybe what they are saying is correct and you are reading into it what you want to read into it.
Any time someone gets around to explaining the system; they are automatically branded anti-indian. Funny but everyone I know through immigration is Indian. Therefore, whenever someone brands me anti indian or even comes close to it; I get a very good chuckle out of it and so do the people who know me that frequent these boards and immigration.com
How the visas are being allocated actually is pretty relevant because it helps everyone to understand how it all works and comes together. I had been on the record that maybe people shouldn't get too worked up about this. The louder one becomes the more scrutiny starts happening. Once the scrutiny gets wratched up a few notches; are you ready to counter it.
What is this scrutiny that you may ask?
Newspaper in Maine did very thorough investigation of companies who sponsored labors through Maine. It was very hard hitting whcih asked for comments from Department of labor and USCIS. Both are investigating it. Essentially it said that companies rented out a cube and filed 60 labors and 100 h-1b's when their real offices were in other states that were taking a long time to get labors approved.
Backlog reduction centers are challenging companies to prove that their headquarters were where they said they were? They are questioning whether there is a permanent job. Companies are not responding and letting the labors go. Don't you think department of labor will start going into the approved labors and start scrutinizing them.
California service center denied many cases for two companies that I know of who had revenues of over $20 million. Reason for denial was that they are temp. agency and no permanent job. No permanent job; no I-140 approval. Companies have gotten a good dose of H-1b RFE's from california service center regarding this. Many have gotten the h-1b's denied because they can't even substantitate they have a job for the person. If they don't have a temp. job then how can they have a permanent job. Chennai consulate is giving very difficult time to staffing/consulates. It has gotten so bad that back in early december; consulates in india said if you are good in english you can go to ther consulaes in india. Guess what? Chennai it only takes two days to get an interview now because everyone refuses to go there. Just a matter of time before new delhi and mumbai catch up. if consulates are refusing visa stamping for temp. jobs what do you think will happen when they start ratcheting it up a notch to the permanent jobs.
Main reason they haven't gotten into the permanent jobs yet is because nurses which are really in demand also get greencards through staffing companies and are outsourced. Since, nurses are needed; uscis doesn't want to give a hard time to the staffing agencies; therefore, they don't want to be accused of double standards. We will see how this will change if at all as retrogression and increasing visas and studies are performed how people are getting greencards come to light.
btw; I have been on record that as long as country cap of 7% is maintained; it would have disasterous consequences for India/China to allow 485 filing without priority date. Since the 7% cap applies then that means someone who enters usa today from ROW and files an eb2 labor will get priority over you. Anyone can file a 485 as long as they have a labor, 140 and they are in non immigrant status. I know of three people through other forum who were from ROW; came on visitor visa found someone to file perm labor get approved in a couple of weeks and then go straight to 140/485. Since they can file 485 right away they get precedence over india/china. Anyone on visitor visa would be eligible. This would number in the millions. It would be quite possible that there would be never ending retrogression for India and China.
wallpaper pictures 2011 Infiniti G37 IPL
pappu
12-20 11:59 AM
Thank you all for contributing. pls. contribute generously. Till now a little over 100 have contributed out of 7650 members. In the past few days about 3000 members visited this site. you can do the math.
amitjoey
07-05 04:04 PM
Where do you get the special coupon?
On top of the website.
On top of the website.
2011 dresses 2011 Infiniti G37 IPL
Sherman_tribiani
09-08 04:24 PM
Granted Native Americans were here first but at that time America was just a land inhabited by people and it was not a nation. A nation is defined as having the following characteristics (These are UN definitions)
1. Has space or territory which has internationally recognized .
2. Has people who live there on an ongoing basis.
3. Has economic activity and an organized economy. A country regulates foreign and domestic trade and issues money.
4. Has the power of social engineering, such as education.
5. Has a transportation system for moving goods and people.
6. Has a government which provides public services and police power.
7. Has sovereignty. No other State should have power over the country's territory.
8. Has external recognition. A country has been "voted into the club" by other countries.
So America was never a nation before it became America.
Regarding you second point about Columbus, Christopher Columbus was not here look for a promised land, he and other pioneers were here to find trading opportunities. Get your history straight, India was known for Spices and Gold at that time and the pioneer wanted a piece of it. Now India has nothing to offer, other then a piece of its humongous population.
Regarding your points about, starting a company, I have already answered them before
Perhaps, we could ignore you. Perhaps we could ignore your ignorance. Perhaps I could abuse you like you did. Perhaps. But I wont. Because I feel sorry.Perhaps you've been a loser your whole life and need to blame someone for your hard knocks in life. But that isn't the point. Perhaps you've forgotten, that the original Native Americans are called 'Indians' for a reason, because a certain Chris Columbus lost his way(he was no Pilgrim believe me)...while trying to find the 'then' promised land!. . Perhaps you've forgotten that 6 out of every 10 companies started in the last 15 years was by an immigrant. Perhaps you've forgotten that the Governor of the most wealthy State in the Union is an immigrant..... I could, perhaps go on...but I wont. Because I have to thank you. Thank you for stirring us up. Thank you for motivating us to action. Stirring up those of us who have been in a deep slumber.....we'll prove that we do matter and that we DO HAVE WHAT IT TAKES.
Thanks brother.:)
1. Has space or territory which has internationally recognized .
2. Has people who live there on an ongoing basis.
3. Has economic activity and an organized economy. A country regulates foreign and domestic trade and issues money.
4. Has the power of social engineering, such as education.
5. Has a transportation system for moving goods and people.
6. Has a government which provides public services and police power.
7. Has sovereignty. No other State should have power over the country's territory.
8. Has external recognition. A country has been "voted into the club" by other countries.
So America was never a nation before it became America.
Regarding you second point about Columbus, Christopher Columbus was not here look for a promised land, he and other pioneers were here to find trading opportunities. Get your history straight, India was known for Spices and Gold at that time and the pioneer wanted a piece of it. Now India has nothing to offer, other then a piece of its humongous population.
Regarding your points about, starting a company, I have already answered them before
Perhaps, we could ignore you. Perhaps we could ignore your ignorance. Perhaps I could abuse you like you did. Perhaps. But I wont. Because I feel sorry.Perhaps you've been a loser your whole life and need to blame someone for your hard knocks in life. But that isn't the point. Perhaps you've forgotten, that the original Native Americans are called 'Indians' for a reason, because a certain Chris Columbus lost his way(he was no Pilgrim believe me)...while trying to find the 'then' promised land!. . Perhaps you've forgotten that 6 out of every 10 companies started in the last 15 years was by an immigrant. Perhaps you've forgotten that the Governor of the most wealthy State in the Union is an immigrant..... I could, perhaps go on...but I wont. Because I have to thank you. Thank you for stirring us up. Thank you for motivating us to action. Stirring up those of us who have been in a deep slumber.....we'll prove that we do matter and that we DO HAVE WHAT IT TAKES.
Thanks brother.:)
more...
chanduv23
09-14 10:08 PM
This thread is good. Keep it going. I strongly recommend that - everyone active on thbis thread , please update your IV profile and also join a state chapter if you have not already done that. if you do not have a state chapter, contact your neighboring state chapters or if you want to start a state chapter, contact pappu or paskal and get permission to start one.
It is very nice to see a lot of new mwmbers getting organized.
It is very nice to see a lot of new mwmbers getting organized.
Macaca
02-02 09:49 PM
BTW, our dear macacay.
I am surprised to see that you don't know what ROW is.....
P.S.
I apologize for this utterly useless posting, but I really wanted to use the word 'macacay', the sub-continentalized version of 'macaca'
I don't know a lot. I understood retrogression last month although I have been waiting for I-485 application for 1 yr.
I also don't know RIR which I saw in your posts, I think.
Thanks for picking on me. Never heard about macacay. Actually, I had never heard of macaca until George Allen used it.
Please explain this sub-continentalized version preferably with URL.
There is nothing more to do. So useless posts are the only posts that will be there.
I am surprised to see that you don't know what ROW is.....
P.S.
I apologize for this utterly useless posting, but I really wanted to use the word 'macacay', the sub-continentalized version of 'macaca'
I don't know a lot. I understood retrogression last month although I have been waiting for I-485 application for 1 yr.
I also don't know RIR which I saw in your posts, I think.
Thanks for picking on me. Never heard about macacay. Actually, I had never heard of macaca until George Allen used it.
Please explain this sub-continentalized version preferably with URL.
There is nothing more to do. So useless posts are the only posts that will be there.
more...
mjdup
12-19 10:11 AM
..adGurkha and others who have contributed and taken up anurakt's challenge...we will reach the goal..
2010 2011 Infiniti G37 IPL photo
sprash
08-11 03:18 PM
Ooh so close ...
(my PD is 27 JAN 05)
(my PD is 27 JAN 05)
more...
Humhongekamyab
02-26 10:52 AM
Excellent idea.
hair girlfriend 2011 Infiniti G37
gk_2000
06-10 02:39 PM
Yes everything is personal when you are so close to the effort. The answer is still the same for anyone that did not participate and find out for themselves what it takes to co-ordinate an event like this.
Sorry, let's peace out. We are on the same side
Sorry, let's peace out. We are on the same side
more...
unitednations
02-04 11:01 PM
No one here takes advantage of any group. We are talking here is what law says and how it is implemented by various agencies. The problem is there is doubt that DOS has not understood the law. No one is against ROW and loves India and China. US immigration simply based on preference catagories. For example, wife of U.S citzen will be given first preference in immigration (FB1) compare to brothers and sisters of US permanent residents (FB4or5). This is the law.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
Similar thing in employment catagories too. Before 2000, there is a verical spill over of EB visas. Becase of this, a high skilled workers from India/China has to wait more compare to low skilled workers from ROW. This practice will not put US in technological edge. Thats why AC21 law implemented.
After 2000, congress removed country quota in all EB catagoires. The simple reason is to make US competiveness in 21st century. The intend is simple.
The simple meaning of AC21 law is, for example, let us assume following hypothitical situation. There are 40,000 noble prize winners from Mexico. All of them applying EB1 visas in a FY. In same FY, no one from other countries applied EB1 visa. As per AC21 rule, entire 40,000 visas (100%) goes to Mexico in EB1 irrsepective of how EB2 or EB3 or FE catagories are retrogressed or howmany mexians in EB/FB are waiting. This is what congress intend to promote high skilled immigrants to USA. This is what american competivness in 21 century. The intent here is noble prize winners should not wait even if they are from oversubscribed countries like mexico.
If you read word by word of AC21 rule ..you will understand what I am saying.
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter
My intension is simple.
Even if SKIL/CIR bill passed in near future, if DOS or USCIS does not implement the law accordingly, it will be disaster for oversubscribed countries like India and China.
How do you come to these conclusions what congress intended. AC21's main provisions were to recapture unused visas for certain years; extend h-1b beyond six years; allow someone to change a job after 485 pending for more then six months; allow unused visas to be allocated to oversubscribed countries on a quarterly basis rather then in the fourth quarter.
Above is what was changed. There was no lifting of country cap. If you go to the earlies visa bulletins listed; you will see that Dominican Republic at one time was retrogressed. I haven't looked at it in a long time but if someone goes to the historical visa bulletins pre ac21 then you may see significant movement in retrogressed countries in the fourth quarter of uscis fiscal year (july to september). This is what changed.
However, the ac21 part about unused visas only stipulated if in any quarter there were less applicants then visas available then spillover can happen in that quarter. However, as can be seen in 2005 that weasn't the case and there shouldn't have been spillover.
In another posting you mentioned that your employer doesn't care whether you are Indian or chines or pakistani or anything else. This is true they want you for your skill. However, how did you get into USA. Chinese generally go to school here and will work wherever they get a job. However, Indian nationals have designed a system to get their realitves here through h-1b. Selective recrutiing is performed to get fellow compatriates here that couldn't otherwise get here becuase they have no connections. I ask some of my clients how they get employees. They tell me they are sponsoring their classmates, their cousins, etc. for h-1b.
Therefore, you may think it is not fair; and perhaps it is not fair but perhaps government knows that certain systems have been designed and they value diversity.
In business definition a skilled worker is not someone with two years of experience, a bachelors or even a masters. A skilled worker is someone with substantial experience. That is 15 years and makes $200K to $300K. Employment base immigration is just an accomodation to allow a certain number of people into USA. In my mind it is just an accomodation or goodwill.
If the EB system was designd to attract the best and brightest minds; skilled worker definition or eb2 or eb3 definition would have a much different meaning and would follow business rather then USCIS definition. It would be much different. There would be no quota. It would follow normal business practicses. That is we, can't find a us citizen or greencard holder and we need you. In real business sens it would be an offer, acceptance and you would start in a couple of months. However, it doesn't follow normal business rules/practices because maybe the powers that be look at it as just an accomodation rather then a real necessity.
hot images 2011 Infiniti G37 IPL
bugmenot
04-11 01:38 PM
"This is crazy. I hope they do something about it at least for students who have advanced degrees from US colleges. Not because they are smarter, but because they are already here and have contributed a lot of $$ to US schools"
i agree, maybe something can be done b4 the rule becomes final
i agree, maybe something can be done b4 the rule becomes final
more...
house 2011 Infiniti G37 IPL Review
shyamgedela
07-21 12:51 PM
I am new to this forum, so I am joining this tread.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I found the Eligibility requirements for I-485 AOS in the Code of Federal Regulations here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
You will find the eligibility list at 8 CFR Part 245, Section 1. Most of the eligibility requirements are based on the validity of your status since your last entry. There is a clause in there (8 CFR 245.1 (b)(10)) that seems a bit draconic but it seems to apply only to people who were working. I did not find clauses that search that far back into your status history but you might want to take a look yourself.
-----------------
Contrib $100
PD Aug 2006
I-140 AD Feb 2007
Applied for I-485 July 2
I am not a lawyer and am not responsible for the veracity of the claims related to immigration law I make in my posts, or their consequences. Please consult a lawyer for accurate information.
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa for 10 years
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I found the Eligibility requirements for I-485 AOS in the Code of Federal Regulations here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
You will find the eligibility list at 8 CFR Part 245, Section 1. Most of the eligibility requirements are based on the validity of your status since your last entry. There is a clause in there (8 CFR 245.1 (b)(10)) that seems a bit draconic but it seems to apply only to people who were working. I did not find clauses that search that far back into your status history but you might want to take a look yourself.
-----------------
Contrib $100
PD Aug 2006
I-140 AD Feb 2007
Applied for I-485 July 2
I am not a lawyer and am not responsible for the veracity of the claims related to immigration law I make in my posts, or their consequences. Please consult a lawyer for accurate information.
tattoo 2011 Infiniti G37 IPL G Coupe. Infiniti G37 Ipl. 2011-infiniti-G37-ipl-coupe
Rajeev
12-19 08:41 AM
Just sent my $100
more...
pictures Infiniti G37 Coupe HD; Infiniti G37 Ipl Wallpaper. Infiniti G37 Coupe
pdx_Soft_Eng
12-19 12:04 AM
I just sent my 3rd contribution = $50.
dresses Sport. infiniti-g37-ipl-
pdakwala
12-19 05:24 PM
People don't wait for others to take action. Those others are no one but you and me. So please please stop thinking and just do it.
more...
makeup 2011 Infiniti IPL G Coupe
honest123
04-13 11:36 PM
From the following information:
1.Grant GC to all EB 2 / 3 class pimary applicants who have completed 8 years of continuous stay in the USA without any criminal record.
Personally, I do think the above bill you requested in the #1) is extremely difficult to work. It is because there was a bill proposed to the EB-2/EB-3 applicants to occupy the annual DV-lottery of 55,000 quota but it is NOT becomed a law yet. Now is April, 2011 and the DV-lottery results of this year will be announced soon online and the coming year of DV-lottery will be drawn again later during this coming Oct, 2011 but there is still NO hope to give those EB-2/EB-3 applicants into this DV-lottery quota. If this quota is occupied by EB-2/EB-3 applicants, less applicants will be in GC line.
Also, there is a proposed bill to allow foreign US accreditated universities' advanced graduates of STEM and with a US job offer to have GC but again it is NOT becomed a law yet. Also, your proposed EB-2/EB-3 applicants who have continuous stay of 8 years in US without criminal record to have GC may not fit the requirement of US needed because some of these EB-2/EB-3 applicants are NOT graduated in US universities and some of them are NOT in Science, Medicine, Engineering and Techology academic major which US society in demand.
Last time I have read some other online news or forum, it talks about there is guy who was graduated in a US university with double Master degree---one is M.Sc in computer science and the other is MBA and he still get stuck in getting his first new H-1B visa and later he decided to back home without choice. Yesterday I have read some other online news or forum, it talks about some people who graduated in US Ph.D or doctorate degree in Science/Engineering/Medicine cannot get the GC or some of them get stuck in his or her first new H-1B visa application (due to quota was full or from other reasons) or get stuck in the H-1B visa renewed. So without H-1B visa, how can they get into the EB line for GC?----They are all US graduates and have stayed in US for more than 6-8 years to study with social security card and drivers' licenses and without criminal record !!!!!!!!!!!!!
So you can see if your requested bill in #1) is working, so how about those who graduated in US university in Advanced degree of Science/Medicine/Engineering with US job offer or without H-1B visa?------They are US STEM graduates and have stayed in US with 6-8 years either study or work without criminal record (and with social security card and drivers' licenses)
Personally, I do believe since US demand Science/Medicine/Engineering (STEM) type people and also need the inflow of money to rescue the national debt, so why don't allow those US STEM type graduates get the GC and bring the money to immigrate to start up companies to create job opportunities and to buy houses. Then the non-STEM graduates who want to stay in US can also go into the second path of immigration such as bring money to set up companies to hire 3-6 persons for better economy. The DV-lottery can open to any US STEM graduates to enrol online by " first come, first get" basis and if once annual immigration quota of 55,000 is filled, those graduates need to wait for another year to enrol online for immigration. So every STEM or non-STEM graduates bring money to start companies in US creating job opportunities, paying taxes and bring inflow of money----better economy is growing up.
Moreover, those graduates will invite friends/relatives to visit US, increasing sales of both international and dosmetic airline tickets, hotel reservations, restaurant reservations and uplift the profits all kinds of retail businesses. Tourist visa fees will also add monetary income. Overall, inflow of money and jobs creation are dual powers to uplift the economy.
With inflow of money from immigration, there is NO government shutdown and there is NO hiking taxes needed for the existing US companies.
Also, in Australia, it allows foreign graduates who have stayed in Australia for over 5 years and without criminal record to get the GC automatically
1.Grant GC to all EB 2 / 3 class pimary applicants who have completed 8 years of continuous stay in the USA without any criminal record.
Personally, I do think the above bill you requested in the #1) is extremely difficult to work. It is because there was a bill proposed to the EB-2/EB-3 applicants to occupy the annual DV-lottery of 55,000 quota but it is NOT becomed a law yet. Now is April, 2011 and the DV-lottery results of this year will be announced soon online and the coming year of DV-lottery will be drawn again later during this coming Oct, 2011 but there is still NO hope to give those EB-2/EB-3 applicants into this DV-lottery quota. If this quota is occupied by EB-2/EB-3 applicants, less applicants will be in GC line.
Also, there is a proposed bill to allow foreign US accreditated universities' advanced graduates of STEM and with a US job offer to have GC but again it is NOT becomed a law yet. Also, your proposed EB-2/EB-3 applicants who have continuous stay of 8 years in US without criminal record to have GC may not fit the requirement of US needed because some of these EB-2/EB-3 applicants are NOT graduated in US universities and some of them are NOT in Science, Medicine, Engineering and Techology academic major which US society in demand.
Last time I have read some other online news or forum, it talks about there is guy who was graduated in a US university with double Master degree---one is M.Sc in computer science and the other is MBA and he still get stuck in getting his first new H-1B visa and later he decided to back home without choice. Yesterday I have read some other online news or forum, it talks about some people who graduated in US Ph.D or doctorate degree in Science/Engineering/Medicine cannot get the GC or some of them get stuck in his or her first new H-1B visa application (due to quota was full or from other reasons) or get stuck in the H-1B visa renewed. So without H-1B visa, how can they get into the EB line for GC?----They are all US graduates and have stayed in US for more than 6-8 years to study with social security card and drivers' licenses and without criminal record !!!!!!!!!!!!!
So you can see if your requested bill in #1) is working, so how about those who graduated in US university in Advanced degree of Science/Medicine/Engineering with US job offer or without H-1B visa?------They are US STEM graduates and have stayed in US with 6-8 years either study or work without criminal record (and with social security card and drivers' licenses)
Personally, I do believe since US demand Science/Medicine/Engineering (STEM) type people and also need the inflow of money to rescue the national debt, so why don't allow those US STEM type graduates get the GC and bring the money to immigrate to start up companies to create job opportunities and to buy houses. Then the non-STEM graduates who want to stay in US can also go into the second path of immigration such as bring money to set up companies to hire 3-6 persons for better economy. The DV-lottery can open to any US STEM graduates to enrol online by " first come, first get" basis and if once annual immigration quota of 55,000 is filled, those graduates need to wait for another year to enrol online for immigration. So every STEM or non-STEM graduates bring money to start companies in US creating job opportunities, paying taxes and bring inflow of money----better economy is growing up.
Moreover, those graduates will invite friends/relatives to visit US, increasing sales of both international and dosmetic airline tickets, hotel reservations, restaurant reservations and uplift the profits all kinds of retail businesses. Tourist visa fees will also add monetary income. Overall, inflow of money and jobs creation are dual powers to uplift the economy.
With inflow of money from immigration, there is NO government shutdown and there is NO hiking taxes needed for the existing US companies.
Also, in Australia, it allows foreign graduates who have stayed in Australia for over 5 years and without criminal record to get the GC automatically
girlfriend 2011 Infiniti IPL G Coupe. Infiniti G37 Ipl. 2011-infiniti-G37-ipl-coupe-
knnmbd
04-27 02:58 PM
Six years in US complete
Previous employer cheated by not filing GC
So need to change employer for filing GC
EB-3
I-140 approved with current employer
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of time and money spent on H1B Extension and stamping
Signing short term lease for Apt's and moving around
Drivers license based on H1B papers
No benefits like 401K etc with small employers
Sick with the current employer
Hey, you just put the entire GC process in a nutshell. I understand a lot of folks are in the same situation, but I think IV is looking for stories that will help us push our case forward. The picture you paint is very morose and depressing (and I sympathizes with you, so please do not get me wrong) and we hope that this whole situation that all of us are in turns out to be a bad nightmare and we wake up to see some hope again.
Ragz4u:
Have you tried contacting post-docs (usually EB1 or EB2 NIW, non-IT folks) at universities pursuing research who are affected by retrogression. I think you can find a lot of people on the IIT forums that float around the web. I am sure we can find really successful(well almost) with sorry stories and restrained in career advancement due to EB retrogression.
Previous employer cheated by not filing GC
So need to change employer for filing GC
EB-3
I-140 approved with current employer
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of time and money spent on H1B Extension and stamping
Signing short term lease for Apt's and moving around
Drivers license based on H1B papers
No benefits like 401K etc with small employers
Sick with the current employer
Hey, you just put the entire GC process in a nutshell. I understand a lot of folks are in the same situation, but I think IV is looking for stories that will help us push our case forward. The picture you paint is very morose and depressing (and I sympathizes with you, so please do not get me wrong) and we hope that this whole situation that all of us are in turns out to be a bad nightmare and we wake up to see some hope again.
Ragz4u:
Have you tried contacting post-docs (usually EB1 or EB2 NIW, non-IT folks) at universities pursuing research who are affected by retrogression. I think you can find a lot of people on the IIT forums that float around the web. I am sure we can find really successful(well almost) with sorry stories and restrained in career advancement due to EB retrogression.
hairstyles Infiniti G37 IPL Coupe,
qasleuth
03-06 02:16 PM
For everyone's information:
Following people have pledged for $50:
amits, ArkBird, lc1978, ThinkTwice
Following people have pledged for $25:
aadimanav, ajay, ajm, amaruns, amitga, amslonewolf, ashatara78, bestofall, bharani, bkarnik, chanduv23, dallasdude, django.stone, dummgelauft, Eb3Pro, eb3_2004, fundo14, gc28262, gcformeornot, h1techSlave, ItIsNotFunny, jayleno, KKtexas, lvgc, maxy, minimalist, mirage, mohan.ada, n2b, nandakumar, nandini, Naveen, nc14, needhelp!, newuser, oliTwist, optimizer, qasleuth, rajeshalex, rameshavula, reddymjm, roseball, sammyb, sanju, shantham, sledge_hammer, snvlgopal, sparklinks, sundevil, The7zen, vbkris77, veereddy, WaitingForMyGC, Winner
please move my name to the $50 column.
Following people have pledged for $50:
amits, ArkBird, lc1978, ThinkTwice
Following people have pledged for $25:
aadimanav, ajay, ajm, amaruns, amitga, amslonewolf, ashatara78, bestofall, bharani, bkarnik, chanduv23, dallasdude, django.stone, dummgelauft, Eb3Pro, eb3_2004, fundo14, gc28262, gcformeornot, h1techSlave, ItIsNotFunny, jayleno, KKtexas, lvgc, maxy, minimalist, mirage, mohan.ada, n2b, nandakumar, nandini, Naveen, nc14, needhelp!, newuser, oliTwist, optimizer, qasleuth, rajeshalex, rameshavula, reddymjm, roseball, sammyb, sanju, shantham, sledge_hammer, snvlgopal, sparklinks, sundevil, The7zen, vbkris77, veereddy, WaitingForMyGC, Winner
please move my name to the $50 column.
chanduy9
07-05 02:45 PM
you are going to have to do a simaltenous media drive, writing that flowers are scheduled to be sent on the 10th of July. Please cover. So they would be ready to publish, when the time comes.
pls see plan of action in the same thread. If you haven't send the flowers, please send the flowers and join us. Spread this to your friends too.
Thanks,
Chandra.
pls see plan of action in the same thread. If you haven't send the flowers, please send the flowers and join us. Spread this to your friends too.
Thanks,
Chandra.
chanduy9
07-07 10:17 PM
Where is this address on USCIS web site. I cannot find it .Can someone post the link . I want to verify before I send the flowers
You can see all the details in the first page.
4 short to 100
Thanks,
Chandra.
You can see all the details in the first page.
4 short to 100
Thanks,
Chandra.
0 comments:
Post a Comment