audelinom
02-23 11:26 PM
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
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gc_dedo
04-30 03:56 PM
wow they have run out of questions.
addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
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jonty_11
07-24 02:52 PM
I don't know much about the process, I just came to America less than 1 year back, but I know my lawyer was supposed to mail application to reach on July 2, 2007 instead he made a mistake to reach on June 29, 2007 because he said July 1, 2007 was a Sunday so he would rather be early than late. USCIS accepted and receipted me.
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
makes no sense.....
EB3 India setp 2006 wasnt even current in Jun 2007....
I am the manager in my brother's gas station in LA. He got a investor visa when he came from Punjab but now he is citizen. I am on EB3. I have Bachelors in Business Administration from Panjab University in Chandigarh. I can't be EB1 or EB2, I barely made it through college :D
makes no sense.....
EB3 India setp 2006 wasnt even current in Jun 2007....
more...
RaviG
06-25 03:10 PM
Since I am sure that my GC will take 5 to 10 years more. Meanwhile too many things will change that might make me go back home. So I decided to invest in home(India). I sold lot of stocks. Stopped contributing to 401K above employers match (I used to contribute full 15K). Deferred buying house until my 140 approved.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
I am at a life stage where I have enough experience and tendency to take risks (married but no kids etc...). If I have flexibility of not working, I want to invest my time in a small startup. Working/investing a start-up means I might go out of status anytime. So I decided not to try any of those. Its a loss for me as well as for economy. If I accumulate enough money I might go home and try to do something like startup or small business. It would be good for US and me if they let me do it here.
In essence I am loosing the oppurtunity and by restricting my career US is loosing an oppurtunity to create more jobs.
kshitijnt
06-26 01:27 AM
Some one has got a problem with me calling USCIS and Congress as bloody morons in above post. Funny people, really.
more...
newbie2020
08-12 01:01 PM
The impact to companies like Infy etc is ~5-10MM
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
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GCapplicant
08-04 12:19 PM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Emplyee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
Desi3933
I don't understand why you are picking up on facts and faults on other post.What mirage is saying is true.I know 3 families stuck up in this GC process...all true cases.
There are some lucky people who have bought old labor substiution ;)who came to US in 2004 and got their GC's cleared and are very :D.
Some really who have come here to study...living in US for past 10 years genuine appliers are really stuck in this.They have all applied their labor and got them cleared only dec 2006.
people who are interested can send those letters if not ignore the thread.
If you are EB2 good for you...Its not that easy to change jobs having families..and when you are satisfied with the employer ,why would they change.
Everyone here want GC to stay in this country.And we all are here to find solutions thru IV - active participation is better.
Pani's letter is not that bad...if you dont like alter what you want to express and send it.People can write what they are facing only.
this is not an argument...just felt bad when you were point blankly picking on them.
I dont undestand :confused:
But one thing I understand there are many , in general like to irritate and hurt other's sentiments and thoughts and pinpoint only faults.
Becoz of this lack of unity only ,most of us face problems.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
Desi3933
I don't understand why you are picking up on facts and faults on other post.What mirage is saying is true.I know 3 families stuck up in this GC process...all true cases.
There are some lucky people who have bought old labor substiution ;)who came to US in 2004 and got their GC's cleared and are very :D.
Some really who have come here to study...living in US for past 10 years genuine appliers are really stuck in this.They have all applied their labor and got them cleared only dec 2006.
people who are interested can send those letters if not ignore the thread.
If you are EB2 good for you...Its not that easy to change jobs having families..and when you are satisfied with the employer ,why would they change.
Everyone here want GC to stay in this country.And we all are here to find solutions thru IV - active participation is better.
Pani's letter is not that bad...if you dont like alter what you want to express and send it.People can write what they are facing only.
this is not an argument...just felt bad when you were point blankly picking on them.
I dont undestand :confused:
But one thing I understand there are many , in general like to irritate and hurt other's sentiments and thoughts and pinpoint only faults.
Becoz of this lack of unity only ,most of us face problems.
more...
learning01
04-25 02:06 PM
offline means talk in private emails, private messages and send conclusions to IV core team for including in thier next goals, once most of present goals are achieved. Thanks. Let's concentrate on the main work here.
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
I did'nt start this thread. I just expressed my opinion supporting it, when I saw others' express their views..
I don't understand what you mean by saying "take this offline". Anyway, if you are the admin, you can delete this thread and put it where you want...
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jonty_11
07-06 05:34 PM
just like they made EB3 other workers number "U" in mid June...why didnt they do the same for all EB categries in July >?????
Why are they still showing CURRENT>
Why are they still showing CURRENT>
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alanoconnor
01-23 06:16 AM
pd dec 03
rir
case "in process"
rir
case "in process"
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Libra
07-06 01:26 PM
rumor always starts at one place may be it started right here in this thread
I never saw this roumer any where..
I never saw this roumer any where..
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Ram_C
09-28 07:25 PM
They are working overtime for it, hopefully 24 hours as well. This is my fear even before this announcement that visa numbers be wasted again.
Maybe we can volunteer to adjudicate each of our own case...lol!
or may be recent EADs (ex H4 visa holders) will do a better job
Maybe we can volunteer to adjudicate each of our own case...lol!
or may be recent EADs (ex H4 visa holders) will do a better job
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pankajkakkar
09-11 11:46 AM
through Google Checkout.
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Green.Tech
06-10 02:12 PM
These visa bulletins, and EAD renewals, and H-1B extensions are not going to cut it for those who want GC's sooner than later. Please help IV to help you.
1) Make those ever important phone calls, and
2) Contribute financially
Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!
1) Make those ever important phone calls, and
2) Contribute financially
Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!
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Libra
09-10 04:47 PM
thank you manish.
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ashutrip
06-20 12:35 PM
Do you know if you got an audit? Any idea about how they decide to do audits?
per my lawyer...chances of audit is less for EB3
per my lawyer...chances of audit is less for EB3
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ohmasala1
06-10 12:46 PM
USCIS to Issue Two-Year EAD for I-485 Waiters at End of June 2008
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing two-year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
Announcement: "I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card. Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year. This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there."
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nixstor
04-30 02:45 PM
King says
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
tens of thousands applicants who will eventually get their GC applications get denied are getting free ride on EAD/AP.
rebukes USCIS and DOS for July 07 Visa Gate
Now talking about illegals. Finally shuts up and gives back to Lofgren
Lofgren introducing USCIS and DOS officials.
glus
04-30 02:23 PM
its working now...
WeldonSprings
05-02 01:52 PM
One interesting thing from the anti-immigrant community represented by Steve King in this testimony was when he asked the Visa Division Chief, that -How many immigrants have we admitted to the United States between 1992-2006 who were refugees and asylees, that were not counted in the annual numerical limit? So, he basically wants to overwrite the Visa Recapture bill, by saying that since we admitted 'refugees and asylees' which were outside the limit, then there is no need to recapture unused visas, since those unused numbers have already been offset by refugees and asylees.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
1. Another reply was If we use All permitted unsed visa, Where would we be in terms of EB visa. His response was Probably china/India Second category will be clear.
2. According to Him 65% of visa has been used for this year. less amount of visa remain now for this year. We shouldn't expect miracle for this year at least.
3. Let Join hands together and follow the HSMP people did in UK.
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