Kama Of Kingstone

I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383

Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog

Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html

part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.

"Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.

Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

But the fact is at this point I still believe there may just be a 1% chance.

http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm

see table 6 in that link

Thanks VDLRAO.
I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
Does that means there are not many old cases in line ahead of us?

Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)

check for table 6

Why do you insist that I stop posting, since you don't like it. :confused:
Never insisted you stop posting, was only hoping that you will post some sensible stuff

If you don't want to hear the problems, you don't have to read these posts.
It�s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.


Since you think this is all my prediction - Today from washington post

I am sticking to your advice, I am not reading that boring news.

Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.

Hi There,

If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.

(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????

(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.


(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.


(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???

Category: EB3 India
PD: Oct 2001
140 AD:Sep,2005
485 RD:06/25/2007

Just to add further, I am on H1-B with I-140 approved too. Instate-tuition etc are not my concerns now. Just whether he can get I-539 approval or he should plan for H4.

Here's a classic example ..

If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.

I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.

Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.

It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.

From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
senthil1 makes more sense then this!

Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

Kumar1,

You never know. GE was considered the bluest of the blue chips! Look at what is happening! Within no time, it fell off the cliff! How many storied wall st. investment banks are left standing? If open source takes off with real wings and an efficient replacement for MS-office ( already started to come) arrives, MSFT itself may not be there to answer 'RFE' issues...

Btw, I believe we are here because we are needed. High skilled or not is a different issue. For some, nothing is Rocket science except Rocket science itself! Why would anyone give us a H1B visa, renew it year after year and allow us to apply for Green card? They can easily pull the plug by

1> Stopping all future H1Bs first...No more H1s from Fiscal 2010 onwards.
2> Existing H1Bs who havent applied for a GC will not be allowed and have to go after the term ends. ( you might see H1B substitution where a guy with 5 years left on his H1B can trade for the highest bidder)
3> Existing H1B who have applied for GC and in various stages of processing....would either be rejceted OR asked to re-start the process under stringent guidelines.

US should be doing all or some of the above if they think H1Bs are NOT needed.

Peace,
GCisaDawg

Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.

Taking advantage of employees by making insincere promises is not illegal, but is unethical.

It's good to know about these companies so that other's don't end-up with the same problem.

This amendment treats foreign workers like slaves.

When we need you, we take you in. But when there are layoffs, you are supposed to pack your bags and leave? Even if you are the best performer in your group?
Layoffs happen at respectable companies like Microsoft as well. And Microsoft indeed has hired some of the brightest brains from all over the world. Why should families of these people take all the heat of layoff?

I wish that next Microsoft, Apple, Google happens outside of U.S.

I have come to this country in 1999 on F1 and have been working and paying takes since 2001.


Being on F(**k me) 1 is a triple whamy. Others are complaining about 6 years of H1B @ 50K+/year. Compare it with

1. 6+ years on F1 @ 10K/year.

2. 6- years on H1B @ 50K/year.

3. Jackshit (= rats ass) in SKILL bill for US degreeS.

Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

Can people in California approach Zoe Lofergens office with the idea?

On my part I will start sending letters and emails to the law makers.

Some one in the core has to take the lead and give some direction to this effort......

Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

If you are from california plz make a call. Or if you know some one have him/her call to her office.

We need to keep moving ahead on this one.

sts_seeker, We are perfectly happy to wait "before everyone who filed earlier." If you as a Nepali had a PD in 2001 and my PD is in 2002, I have no problems in you getting your GC before me. In this situation, you have filed before me, so it is fair that you should get your GC before me.

But today with the Country quota in place, your PD could be in 2007 and my PD could be in 2002. Guess, who would GC first?

I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.

Sorry, did not see this thread before.

Please let me know if you still need someone to call members. I am available until 4pm EST today.

Thank you ns007 and other members who have send PM today offering to volunteer for this initiative.

gsc999, ArunAntonio, pcs, newuser, willgetgc2005, pasupuleti, caydee, gcnirvana, ramaonline, 485Mbe4001 and samir took the lead in volunteering for calling our friends in CA. IV very much appreciates their willingness to volunteer.

We all will soon need to get into more active mode to participate in similar events in the local areas/communities. Kindly update your profile with your contact information. This is very important so that we could contact whenever there is any such opportunity.

You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible.

I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.

when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.


AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.

Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.

IVers,
I have created a blog entry here http://utubecitizen.blogspot.com/ regarding numbersusa.com

I have gone through all the posts in this thread, and have taken some of the members comments/points. Am planning to reveal true colors of Lou Dobb, and Tancredo etc in the following days. Please check it out. Please dont consider it as an advt.

thanks

Everyone bring U.S. flags if you can!!! (ONLY U.S. Flags - thanks!!!)

If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.

Sir, you are a senior and active IV member and i respect that totally.
but EB3-I dates are rolling on nicely, they are already oct 01 they will cross well in 2002.
in june 07, they were at june 03. then this mess happened in july and eb3-i was almost frozen over the entire year. now its starting to thaw..

you must have already written to congressmen and called them up, also communicated with ombudsmen, i would say, please just wait and watch.
i'm not eb3 but eb2 but i'd say allow older eb3 to get out of this rut.

OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!

I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?