nixstor
03-22 10:12 AM
I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
>> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
>> Good find. I havent noticed this. I will check this. This appears to be be granting immunity against law suits, if not, at least, weakens the claim of lawsuit <<
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
Initially my understanding was per country limits do not apply only in the final Quarter and PD trumps everything else. How ever, the snip from Nov05 VB says that AC21 modified this and unused visa numbers in any calendar Q can be assigned with out per country limits. You are exactly right. Some one in the line has to get out so that the line moves and people get ahead.
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venkygct
09-04 04:50 PM
Please check your PM and email. I have sent the details
Thanks
--Venky
I would love to attend the rally. However my financial condition at this time does not permit me. I could have booked a ticket on my credit card but all my cards are max out!
You want to know why I am in this financial deep hole? Well, I have two sons in college and paying out of state tuition, that is over $17,000 per semester for both of them.
My wife on H4 could not work until now that she has an EAD. It is retrogression that I should blame and I would love to do all in my power to obtain relief or bring the issue to the attention of the American public.
In my own way I have contributed to IV both in cash and in kind. I have told me story in countless media interviews. I only wish I could do more for IV financially but alas I am not able to do that at this time.
I would be in the rally in spirit....only I wish I could attend in person.
Thanks
--Venky
I would love to attend the rally. However my financial condition at this time does not permit me. I could have booked a ticket on my credit card but all my cards are max out!
You want to know why I am in this financial deep hole? Well, I have two sons in college and paying out of state tuition, that is over $17,000 per semester for both of them.
My wife on H4 could not work until now that she has an EAD. It is retrogression that I should blame and I would love to do all in my power to obtain relief or bring the issue to the attention of the American public.
In my own way I have contributed to IV both in cash and in kind. I have told me story in countless media interviews. I only wish I could do more for IV financially but alas I am not able to do that at this time.
I would be in the rally in spirit....only I wish I could attend in person.
chmur
11-17 04:32 PM
a
please be constructive in your role, we can use your energy and enthusiasm, but an attitude of engagement is critical rather than asking why iv core is not doing this or that.....
Thanks Paskal,
I will....and get some work done like setting up the IV-NE yahoogroups, crafting the initial pitch for nebraska members , and get some members recruited etc and will take it from there.
My only point is, this 1% of active members can politely direct others to state chapters , notwithstanding the frustrating attitude of some of the "Highly skilled"- arm chair critics.
Thanks
please be constructive in your role, we can use your energy and enthusiasm, but an attitude of engagement is critical rather than asking why iv core is not doing this or that.....
Thanks Paskal,
I will....and get some work done like setting up the IV-NE yahoogroups, crafting the initial pitch for nebraska members , and get some members recruited etc and will take it from there.
My only point is, this 1% of active members can politely direct others to state chapters , notwithstanding the frustrating attitude of some of the "Highly skilled"- arm chair critics.
Thanks
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sk.aggarwal
08-21 10:09 PM
Can you please provide the reference through whom you applied? I thought 0213 category is not eligible anymore.
Instructions on which skilled worker applications are eligible for processing (http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list)
0213: Computer and Information Systems Managers
Instructions on which skilled worker applications are eligible for processing (http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list)
0213: Computer and Information Systems Managers
more...
delhiguy79
07-23 01:20 PM
My I-140 was filed on July 6 and arrives at USCIS on July 9.
The check was cashed on July 12 and I was able to get the receipt number. BUT BY NOW I HAVE NOT RECEIVE THE RECEIPT. It seems many people are in the same boat. What we can do about it?
Anybody knows how many days it would take between they cash the check and mail out the receipt? What address do they use?
Did u get the receipt number on the back of the cheque or did u call USCIS and get it ???
The check was cashed on July 12 and I was able to get the receipt number. BUT BY NOW I HAVE NOT RECEIVE THE RECEIPT. It seems many people are in the same boat. What we can do about it?
Anybody knows how many days it would take between they cash the check and mail out the receipt? What address do they use?
Did u get the receipt number on the back of the cheque or did u call USCIS and get it ???
Sakthisagar
07-22 02:30 PM
Religion, politics and language. They are all controversial topics. !
one correction Religon is a private affair, Language too.
When Politics or Politricks drags these two for its benefit, it becaomes a big Frankenstein and it swallows everything.
Baan Politics.
(nothing against any language but the fact is below)
Yes, some of the comments are True. South Indians learn Hindi, and speak also, but not vice versa. the people in North don't even respect the other languages, From Andhra Pradesh, for the People in North every one is a Madraasi! And Bolly wood is not the lone Indian Cinema there is plenty of talent which is more than Bollywood, in India.
Apart from all these factors India is United.. Vande Mataram!
Another Note.
Sanskrit is the ancient and greatest language ever Human beings spoke. If everyone seriously learn Sanskrit there will be Peace in this world. All these languauges derived from this Language.
Padathu Samskritham!
Samskrita Bharati (http://www.samskritabharati.org)
one correction Religon is a private affair, Language too.
When Politics or Politricks drags these two for its benefit, it becaomes a big Frankenstein and it swallows everything.
Baan Politics.
(nothing against any language but the fact is below)
Yes, some of the comments are True. South Indians learn Hindi, and speak also, but not vice versa. the people in North don't even respect the other languages, From Andhra Pradesh, for the People in North every one is a Madraasi! And Bolly wood is not the lone Indian Cinema there is plenty of talent which is more than Bollywood, in India.
Apart from all these factors India is United.. Vande Mataram!
Another Note.
Sanskrit is the ancient and greatest language ever Human beings spoke. If everyone seriously learn Sanskrit there will be Peace in this world. All these languauges derived from this Language.
Padathu Samskritham!
Samskrita Bharati (http://www.samskritabharati.org)
more...
qplearn
12-01 02:06 PM
its probably a better investment to get a Masters degree in your specific area than an MBA. Of course then you get pigeon holed in your specific area
I agree: the MBA gives you perspective on strategic management and is useful in every field. But if it is not from the very very best schools, I would go for an MS in your own field. An MS from Univ of Arizona is almost as good as an MS from Berkeley when it comes to propelling your career. But an MBA from Berkekely is a different story. Of course, it is very hard to get into those top schools.
I agree: the MBA gives you perspective on strategic management and is useful in every field. But if it is not from the very very best schools, I would go for an MS in your own field. An MS from Univ of Arizona is almost as good as an MS from Berkeley when it comes to propelling your career. But an MBA from Berkekely is a different story. Of course, it is very hard to get into those top schools.
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iwantlabor
06-14 08:54 AM
Good news for some and not so good news for others. I have been waiting for my labor for last 4 years and have still not got the approval on hand. So I am not ready to apply for 485. Where as a friend of mine who came to US last year and applied for labor through perm 2 months back has his approved labor and can apply for 485. I feel this is kind of unfair. The dates should have progressed slowly but steadily instead of trying to create a mad rush now.
more...
chanduv23
06-26 10:34 AM
I sent my EAD paper file on 29th May to TSC. I received my EAD's today for 1 year. Cutoff date for 2 year is 30th june.
Wow - Mine also went on the same day. No sign of EAD yet. I wish they handle it next week so that I get 2 years :)
I sent my AP on same date too and I have soft LUD today. Not sure what it means
Wow - Mine also went on the same day. No sign of EAD yet. I wish they handle it next week so that I get 2 years :)
I sent my AP on same date too and I have soft LUD today. Not sure what it means
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factoryman
06-13 11:25 PM
each with one signature each,
The Birth Certificate Affadevit posted as a sample soes not have space for 2 people to sign. Should there be nother affidavit submitted by another family member or should the second person just sign below the first persons affadevit?
Some One please explain
----------------------------------------------------------------------
Contributions so far $100
The Birth Certificate Affadevit posted as a sample soes not have space for 2 people to sign. Should there be nother affidavit submitted by another family member or should the second person just sign below the first persons affadevit?
Some One please explain
----------------------------------------------------------------------
Contributions so far $100
more...
aat0995
06-25 02:58 PM
Hi,
Last time I paid $305 for renewing my AP. Do I again need to pay that much to renew or is the renewal free?
Thanks in advance!
Last time I paid $305 for renewing my AP. Do I again need to pay that much to renew or is the renewal free?
Thanks in advance!
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m306m
04-28 10:09 AM
$100 from me
Receipt ID: 1GH30253EE482624T
More to come.
Receipt ID: 1GH30253EE482624T
More to come.
more...
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iOptimist
09-20 02:09 PM
Can we form a Human Chain protest across the major cities of the country at a predefined date and time. for instance, say Nov 9th between 11.AM and 1 PM.
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
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gconmymind
04-28 03:32 PM
Hurry up guys...let us make the first 10K latest by tomorrow....I will contribute another $50 then..
more...
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andy garcia
11-08 06:54 AM
With Sen. Pelosi in charge of the House, you can expect a leverage for sure. More corrupt than ever, a Democrat powered senate should push hard for illegal alien amnesty. If you are lucky enough to get your case processed before those 20 million+ people, yes, that can work well.
I agree 100% with you. If you do not get your GC approved before those 25+ million people get in the line ahead of you. Remember they will have to send those 25 million names for namecheck and the government will do theirs before everybody else's.
I agree 100% with you. If you do not get your GC approved before those 25+ million people get in the line ahead of you. Remember they will have to send those 25 million names for namecheck and the government will do theirs before everybody else's.
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Macaca
09-15 08:38 AM
The mind is a
dangerous weapon,
even to the possessor,
if he knows not discreetly
how to use it
Michel de Montaigne
dangerous weapon,
even to the possessor,
if he knows not discreetly
how to use it
Michel de Montaigne
more...
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acecupid
06-16 02:44 PM
Dear Folks, I have a question:
For example, if someone's Advance Parole document validity is terminating on (say for ex), July 16, 2009, then, should the person apply for renewing his/her application prior to July 16, 2009? In other words, should a person's application to renew his/her AP document be made prior to the termination of the current one, OR, could this application for renewal be made after the current AP document's validity expires (in this case after July 16, 2009)? Thanks a lot, friends.
USCIS accepts AP renewal applications 120 days in advance of expiring AP. The normal processing time for AP is approx 1-2 months (usually it is about a month). Keep in mind that the new AP which is issued will have an immediate effective date from the date of issue and the start date will not be from the expiry date of old AP. So in most cases you will end up losing some days or even months. If you do not forsee any immediate need to travel you should wait till 30-40 days prior to old AP expiry and then apply. If your travel plans are unknown and you may have to travel if an urgent situation arises, then you should apply 120-90 days in advance to make sure you have AP validity at all times. You will obviously lose some days or months... but then who says everything that USCIS does is fair :)
For example, if someone's Advance Parole document validity is terminating on (say for ex), July 16, 2009, then, should the person apply for renewing his/her application prior to July 16, 2009? In other words, should a person's application to renew his/her AP document be made prior to the termination of the current one, OR, could this application for renewal be made after the current AP document's validity expires (in this case after July 16, 2009)? Thanks a lot, friends.
USCIS accepts AP renewal applications 120 days in advance of expiring AP. The normal processing time for AP is approx 1-2 months (usually it is about a month). Keep in mind that the new AP which is issued will have an immediate effective date from the date of issue and the start date will not be from the expiry date of old AP. So in most cases you will end up losing some days or even months. If you do not forsee any immediate need to travel you should wait till 30-40 days prior to old AP expiry and then apply. If your travel plans are unknown and you may have to travel if an urgent situation arises, then you should apply 120-90 days in advance to make sure you have AP validity at all times. You will obviously lose some days or months... but then who says everything that USCIS does is fair :)
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unitednations
03-22 09:45 PM
united nations...u have been saying what u just said for many years now. i remember ur epic fight with saras on that issue that caused u to leave immigration portal.
i think this modification of the interpretation of the law is mainly to prevent the massive loss of numbers. I think the DOS now realizes that USCIS cannot effectively handle processing of the massive release of visa numbers in the last quarter, thereby they are doing it in an incremental manner so that the demand is handled effectively (USCIS standards effectively).
I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.
However; it isn't in uscis/dos discretion to make such decisions on a whim for process improvement.
In the orgnizations we work in; there is a big consideration whether the new project or idea is feasible in the current environment. If it isn't then the project/idea gets shelved because it's not doable. However; congress and various regulatory bodies do not give such luxury to uscis. They don't ask them if the implementation of a law or creation of a law will fit into their system or workflow.
At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.
i think this modification of the interpretation of the law is mainly to prevent the massive loss of numbers. I think the DOS now realizes that USCIS cannot effectively handle processing of the massive release of visa numbers in the last quarter, thereby they are doing it in an incremental manner so that the demand is handled effectively (USCIS standards effectively).
I agree; the law definitively leaves no room for error. If all the visas are held back until fourth quarter then there is a significant chance that visas will go unused.
However; it isn't in uscis/dos discretion to make such decisions on a whim for process improvement.
In the orgnizations we work in; there is a big consideration whether the new project or idea is feasible in the current environment. If it isn't then the project/idea gets shelved because it's not doable. However; congress and various regulatory bodies do not give such luxury to uscis. They don't ask them if the implementation of a law or creation of a law will fit into their system or workflow.
At a high level; country quotas in EB do not make a whole lot of sense. I have tried to figure out why they are there; how companies and candidates use EB greencards. Conclusion, I came up with is that in a lot of ways EB is a way to circumvent family base immigration. Many peoples parents have greencards, brothers, sisters, friends, etc; and they realize that it takes too long to get greencard through family base and the fastest way is to come through h-1b and go through EB route. Also; companies; company owners will favor their own people in filing h-1b's and greencards and then you have a situation where certain people are favored due to their nationality or connection. I firmly believe that uscis and the regulatory authorities understand this and hence the reason why there is country quotas.
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mk26
05-17 12:47 PM
Pappu,This is excellent work from you guys.. jut sent my emails to Senator LeMieux and
Senator Nelson..hope one day all hard work will pay off
Senator Nelson..hope one day all hard work will pay off
ujjwal_p
02-16 03:02 PM
desi3933,
I didnt meant to ignore you. I was kind of busy yesterday so I couldnt reply to your message. Thanks a lot for correcting me and interpreting the text properly.
well I guess we are back to sqaure one.
Even though it can be legislative fix can we still have an action item? well... I dont know!
I think it's still fine. The fact that this was brought up by the Secretary in the action directive says that this has got good traction up top. People aren't getting their green cards any sooner with this. I think this plays into a territory which is actually quite non-controversial even if it needs to be taken from a legislative perspective. Also they maybe thinking of something else too. Who knows. They've seen the data; they know that people from India/China EB2/EB3 and EB3 ROW are seeing a long wait in front of them right now.
I didnt meant to ignore you. I was kind of busy yesterday so I couldnt reply to your message. Thanks a lot for correcting me and interpreting the text properly.
well I guess we are back to sqaure one.
Even though it can be legislative fix can we still have an action item? well... I dont know!
I think it's still fine. The fact that this was brought up by the Secretary in the action directive says that this has got good traction up top. People aren't getting their green cards any sooner with this. I think this plays into a territory which is actually quite non-controversial even if it needs to be taken from a legislative perspective. Also they maybe thinking of something else too. Who knows. They've seen the data; they know that people from India/China EB2/EB3 and EB3 ROW are seeing a long wait in front of them right now.
bharat2008
08-09 09:49 AM
Hi all,
This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.
Salary:
Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?
HealthCare:
Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA .
Immigration:
In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or canadian education?
Canadian Citizenship:
Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?
Please share your thoughts .
Thankyou
This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.
Salary:
Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?
HealthCare:
Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA .
Immigration:
In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or canadian education?
Canadian Citizenship:
Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?
Please share your thoughts .
Thankyou
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