gdilla
02-28 01:14 PM
If an H1 gets layed off, how soon must he leave before he is considered illegal status? And for practical purposes, does it matter (ie, is it ever enforced)? Does having severence extend the period (because you're technically still on payroll)?
Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.
Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.
wallpaper or are we missing someone?
sgH1
05-19 02:52 PM
sent emails
bongopondit
06-13 09:37 PM
Remember that you have to be in the country to apply for I-485.
IV Core Team
Is this true for Consular Processing applications as well ? I thought CPs are filed at the local US consulate (Mumbai in our case). Additionally, I have a question about I-485 - CP filing and retrogression. Once we file the 485, does the CP get stuck in case there is retrogression in a few months time or is it that once we have applied the process keeps going ? Thanks in advance for the information.
IV Core Team
Is this true for Consular Processing applications as well ? I thought CPs are filed at the local US consulate (Mumbai in our case). Additionally, I have a question about I-485 - CP filing and retrogression. Once we file the 485, does the CP get stuck in case there is retrogression in a few months time or is it that once we have applied the process keeps going ? Thanks in advance for the information.
2011 pictures When we love someone,
santb1975
04-26 12:38 AM
Stay Tuned
Are you guys going to set up Web Fax to send support letters to our senators / congressmen? I mean how close are we to the point where this bill is up for debate?
Are you guys going to set up Web Fax to send support letters to our senators / congressmen? I mean how close are we to the point where this bill is up for debate?
more...
rennieallen
09-29 06:36 PM
then why are visas about to be wasted yet again this year?
after...they said all numbers were exhausted on July 2?
Because of NC what else?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
Sigh... it's never simple...
That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).
OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).
Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.
Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.
Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).
So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).
Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.
Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).
So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.
So why not let people apply before their PD is current then?
The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).
So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.
I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).
If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...
Like I said... it is never simple...
Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).
Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
I am certainly not asking you to defend them.
This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.
I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).
after...they said all numbers were exhausted on July 2?
Because of NC what else?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
Sigh... it's never simple...
That said, NC can account for nearly all of the wastage. Think about it, let's say the processing time is 120 days (well within target, and not at all bad for a government agency).
OK; recall that you can't apply until your PD is current (read this sentence again, this is a critical element of the problem).
Application #1 (made in first half of year, visa tentatively assigned from current allotment year) -> PD current, goes into NC.
Application #2 (can't be made in first half of year, because PD is not current, visa is not "tentatively" assigned from current allotment year, since it isn't expected to complete within the allotment year) -> PD becomes current in July, NC happens quickly.
Application #2 takes 120 days to process (better than target), but that means that (as expected) it isn't ready to be assigned a visa until after the next allotment year (so far so good, USCIS has accounted for this, and doesn't expect it to consume a visa from the current allotment year).
So application #1 couldn't consume a visa because of NC, and application #2 fell into the normal processing time, but this pushed it into the next allotment year (again, this is expected).
Early in the next allotment year Application #2 is approved, and consumes one visa from the next allotment year.
Application #1 is where the actual wastage occurs, since it is expected that an application filed in the first half of the current allotment year will consume it's visa within the year (and given USCIS processing time it would have, but it was stuck in NC).
So at any time, the USCIS is processing applications within their target processing times, but because of the fact that you can't file until your PD is current, the applications that would have been able to have consumed the visas that were not consumed due to NC delays, couldn't because their "normal" processing time put them into the next allotment period.
So why not let people apply before their PD is current then?
The reason USCIS doesn't let you apply before the PD is current is because there aren't enough visas and they would currently have ~3M applications in process, many of which would be abandoned prior to approval (due to the long delays, caused by lack of visas).
So, because of the insufficient numbers of visas, USCIS has determined that it is more efficient to restrict application until the PD is current; thus insuring that most of the applications that are going to be abandoned, are abandoned before they are filed (therefore reducing load on the USCIS). This seems like quite a logical decision given the constraints.
I am willing to bet, that the net result is that the USCIS can actually approve more 485's in an allotment year by wasting some of them at the end of the year (which occurs primarily as a result of the fact that USCIS can neither predict, nor influence NC duration), rather than dealing with the huge inefficiencies of having millions of applications on file (which would, however, insure that there were sufficient processed applications to consume all visas).
If either NC were predictable (and quick) or there were sufficient visas in each allotment period to meet demand, then there would be no wastage. You can beat on USCIS all you want, but they simply cannot control either of these factors...
Like I said... it is never simple...
Now, this thought is hardly original (I think that everyone who has looked at this problem comes to the same conclusion), but I think the most practical solution that we (as customers of the system) can suggest, that will provide partial relief (and has some chance of happening in our lifetimes); is to get congress to pass an amendment for automatic reclamation of visas from prior allotment periods. This would mitigate the problem of visa wastage, as this will allow a substantial portion of what would have been wasted visas, to be consumed by the applications who's PD became current in the second half of the allotment year, but could not be processed (due to normal processing time) prior to the end of the allotment year. Perhaps this reclamation could be restricted to applications filed in the allotment period from which the visas are being reclaimed (if this somehow made it more palatable to congress).
Of course, this does nothing to solve the problem for those individuals stuck in NC who are effectively "donating" their visa to individuals who aren't stuck in NC. Perhaps they will feel better (I seriously doubt it though) knowing that the visa that they didn't get this year, was not wasted...
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
In Canada this would be expected to take 8 months to process. Like I said, the USCIS is quick relative to other bureaucracies...
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
I am certainly not asking you to defend them.
This isn't about defending or attacking USCIS, it is about determining the root cause of the problem, and doing that requires an emotionless analysis of the facts.
I have had IO's who were complete dorks (refused to admit me with a perfectly valid visa), but really, what impact does one dork IO have on the big picture? Absolutely nothing I suspect (and to be fair, the vast majority of IO's that I have dealt with have been very decent human beings).
amitjoey
05-21 01:54 PM
Please email and also send out letters.
There is also a feature for the media -That lets you email reporters 5 at a time. It sorts through and picks the most prominent publications based on your zip code.
It is simple, fields can stay populated if you choose so, all you have to do is click.
There is also a feature for the media -That lets you email reporters 5 at a time. It sorts through and picks the most prominent publications based on your zip code.
It is simple, fields can stay populated if you choose so, all you have to do is click.
more...
espoir
04-28 12:41 PM
Here's a $50 donation to get the first milestone ($10000) quicker.
Paypal Transaction ID #40A87133HH686523X.
Good deal m306m.
Ok. Here's my pledge. Every time m306m contributes $50 for every $10000 collected, I'll match it with another $50.
Paypal Transaction ID #40A87133HH686523X.
Good deal m306m.
Ok. Here's my pledge. Every time m306m contributes $50 for every $10000 collected, I'll match it with another $50.
2010 Missing someone?
Regal22
07-21 09:02 AM
Frankly speaking, i am not a sufferer from BEC, but i want to know more about this mess.
Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.
Don't shout at me, i may be wrong.
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.
Don't shout at me, i may be wrong.
My case was filed in 2002 under traditional labor certification. DOL never questioned anything or asked for any clarifications (so I assume there were no complications). The job was advertised in last April (it was a little newspaper advertisement with few lines and very generic job requirements). There were no resumes received. But still I have not received my labor approval. So what baffles me most is why has the DOL been not able to taken any decision on my case even after 5 years. One of my friends who applied in traditional labor two years after me has already received his LC. Let us say, for argument sake, the case was complicated. How complicated can it be to be delayed by several years, not months? We probably would get answers to these questions only if we drag the DOL to court and make them explain.
more...
AllVNeedGcPc
05-18 02:13 PM
Sent an email to all friends and colleagues
hair Are you missing someone?
ash0210
11-08 03:48 PM
To make aware people around you that we Legals retaining US jobs in US itself and how we are contributing to US economy will work big way to us...
I work as a free lance s/w consultant & when ever I say I am on EAD for last 4 years, they usually ask how come I dont have GC for so long!! Thats the time I make them aware, how legals are law binding, tax paying community etc..etc...and that "DO" works..and they say that "Ya, this Congress/Goverment is working on "Illegals" but not on Law abiding Legals..!!!
Can we work on those lines.? To spread a word & make community aware that "Legals" are sufferes in the process of this political debate of "Illegals"?
I work as a free lance s/w consultant & when ever I say I am on EAD for last 4 years, they usually ask how come I dont have GC for so long!! Thats the time I make them aware, how legals are law binding, tax paying community etc..etc...and that "DO" works..and they say that "Ya, this Congress/Goverment is working on "Illegals" but not on Law abiding Legals..!!!
Can we work on those lines.? To spread a word & make community aware that "Legals" are sufferes in the process of this political debate of "Illegals"?
more...
Almond
07-05 11:44 AM
I agree..calling USCIS customer service doesn't make any sense.They are all front desk people who have no clue of what's happening inside.
Of course it makes sense, that is why they are called "Customer Service". Continuing to call them at this time when we know they know NOTHING doesn't make sense. But it sure is funny to hear the crap they have to say:D
Of course it makes sense, that is why they are called "Customer Service". Continuing to call them at this time when we know they know NOTHING doesn't make sense. But it sure is funny to hear the crap they have to say:D
hot family quotes pictures.
GotGC??
07-05 01:15 PM
Yeah, and you automatically get a PR after 3 years of continous employment on a Work Permit. I've been there, done that.
So, how come so many people, including British Nationals, leave UK to come & work in US?
In Great Britain actually it is not only that the spouse of employee is allowed to work, but also a spouse of a STUDENT!!!!
Better not to compare that system with American - it's too depressing!
So, how come so many people, including British Nationals, leave UK to come & work in US?
In Great Britain actually it is not only that the spouse of employee is allowed to work, but also a spouse of a STUDENT!!!!
Better not to compare that system with American - it's too depressing!
more...
house missing you —-gt; when i need
willwin
06-26 08:38 AM
I know IV is doing its best and there are other groups fighting for HR 5882.
But honestly, what are the chances for this bill to succeed this year (before election)?
100% or 75% or 50% or 25% or 0%
Ron Gotcher predicts that none of the individual bills may pass this year.
And also that EB3 I may not move forward even next year!
I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).
Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?
But honestly, what are the chances for this bill to succeed this year (before election)?
100% or 75% or 50% or 25% or 0%
Ron Gotcher predicts that none of the individual bills may pass this year.
And also that EB3 I may not move forward even next year!
I am not sure how many EB3 (I) volunteers are there in IV (who are really focussed). Are they getting nothing? The prediction is that EB3 I may go back to Nov 2001 and stay there for a while (or may be for the rest of next year).
Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?
tattoo (Cute Missing You Quotes I
drirshad
11-24 07:09 PM
It is one way to reduce the budget deficit, each of us will be burning away $700- every year per head for AP + EAD renewal with close to a million applicants go do the maths.
And AP/EAD renewal cannot start before 120 days so that time period every year for at least 3 years they are gonna laugh their guts out.
And we thought we achieved a big feat with the July fiasco ......
And AP/EAD renewal cannot start before 120 days so that time period every year for at least 3 years they are gonna laugh their guts out.
And we thought we achieved a big feat with the July fiasco ......
more...
pictures It#39;s hard when you miss people
digital2k
05-22 05:48 PM
Let us change our old record and donate Now for our cause ...
Everyone need to act ...
Many may remember the past succesful
Historic Event > $32,750 / 8 days / 100 pages
Everyone need to act ...
Many may remember the past succesful
Historic Event > $32,750 / 8 days / 100 pages
dresses missing you quotes for her. i
truthinspector
05-28 02:27 PM
Contributed 100$.
more...
makeup Little Miss Sunshine Quotes
gc_mania_03
02-13 12:21 AM
Good work IV...in getting back to all these hecklers in such a strong way...
Though, I dont believe these noises will attend, I do politely ask all the noise makers to either lead, follow or get out of the way...please!
Let the noises continue, we should go ahead and keep working towards our goals...
-gc_mania_03
Though, I dont believe these noises will attend, I do politely ask all the noise makers to either lead, follow or get out of the way...please!
Let the noises continue, we should go ahead and keep working towards our goals...
-gc_mania_03
girlfriend miss you mommy. for mom. im
EkAurAaya
07-17 11:36 PM
Please and i'm begging you that please read the entire post and think for a moment before replying. I'm not in BEC, already filed my 485. I'm aware of the IV efforts towards getting relief for BEC people, I never disputed that. My point has been that the system and July bulletin is unfair (at least from one angle) and that calling it unfair/unjust should not upset others. I don't know what words were used by Bigtime and banning him was fair or unfair.
You want everyone else to suffer just because you suffered? or because older pd's suffered? life is not fair so get over with it... the sheer fact that you are in this country is a god's gift to you! So dont be judgmental about things...
btw my pd is feb 2003 and i'm very happy for everyone who will get the opportunity to get in the door!
You want everyone else to suffer just because you suffered? or because older pd's suffered? life is not fair so get over with it... the sheer fact that you are in this country is a god's gift to you! So dont be judgmental about things...
btw my pd is feb 2003 and i'm very happy for everyone who will get the opportunity to get in the door!
hairstyles miss you quotes for him.
maddipati1
11-03 03:43 PM
/\/\/\/\/\/\/\
seahawks
09-22 04:18 AM
No need to jump the gun. I didn't ask it at a personal level, in case you didn't understand it! Instead of nitpicking on a single statement, read the whole paragraph! I am a member of a state chapter and keep posting on the Yahoogroups, though it's been a month since anyone else posted there ( and I don't get any replies).
I'm not getting into personal level/ad hominem discussion as it's pointless. I don't need to prove anything to anybody.
Here is the deal, the idea of state chapters is for grass roots organization. We can't reach out to everyone if we don't have remote hubs, it is as simple as that. We recently revived the WA state chapter and I keep sending emails, one or two respond, the rest are silent readers. However they did join the group and we are now 30+ members. Now, we plan to have a conference call and then we are planning to get together within 2 weeks to meet all of these members. No one is forced, but we would send out and invitation to every member. Then we come out with certain agendas and action items that fall within IV goals. Like one of the main things is to meet local law makers within each state for follow up. This is best done at state level. So I understand the part that you care confused is nothing is happening and you just keep writing. I know the feeling but can you get everyone together, can you get to meet them one by one. Trust me, once you get the ball rolling, before you know, you will have a big strong chapter that makes it easier to pass targeted messages and so on. When IV events are held in a national level, information and action items can be distributed to state chapter leaders who can then follow up.
But yes, it is hard work in the beginning to get every one on board, trust me, I am fighting the same battle, but hard work pays off!
I'm not getting into personal level/ad hominem discussion as it's pointless. I don't need to prove anything to anybody.
Here is the deal, the idea of state chapters is for grass roots organization. We can't reach out to everyone if we don't have remote hubs, it is as simple as that. We recently revived the WA state chapter and I keep sending emails, one or two respond, the rest are silent readers. However they did join the group and we are now 30+ members. Now, we plan to have a conference call and then we are planning to get together within 2 weeks to meet all of these members. No one is forced, but we would send out and invitation to every member. Then we come out with certain agendas and action items that fall within IV goals. Like one of the main things is to meet local law makers within each state for follow up. This is best done at state level. So I understand the part that you care confused is nothing is happening and you just keep writing. I know the feeling but can you get everyone together, can you get to meet them one by one. Trust me, once you get the ball rolling, before you know, you will have a big strong chapter that makes it easier to pass targeted messages and so on. When IV events are held in a national level, information and action items can be distributed to state chapter leaders who can then follow up.
But yes, it is hard work in the beginning to get every one on board, trust me, I am fighting the same battle, but hard work pays off!
go_gc_way
07-17 04:10 PM
Folks here in this country should ofcourse get their gc, but I do not seem to understand this labour substitution for other than technical reasons.
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