chanduv23
09-03 10:00 PM
Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.
The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.
While few members are highly informed on all these things, a lot of members will have basic questions.
Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.
The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.
While few members are highly informed on all these things, a lot of members will have basic questions.
Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.
vin13
12-08 05:00 PM
Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?
GC4ALL
09-25 09:00 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
singhv_1980
02-01 01:14 AM
On reading a bit about PIMS, it seems that if your information is not in the KCC, then the US consulate sends a request to Kentucky for information. It turns out KCC has access to the CLAIMS3 system used by the USCIS, and they generally respond in 48 hrs. Here is the link:
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
They claim 48 hrs but on an average it is taking about 2 weeks to hear back from KCC. There are couple of parallel threads going on reg that.
http://srwlawyers.com/Resources/ImmigrationNews/tabid/91/Default.aspx
Scroll down to Dec 12.
They claim 48 hrs but on an average it is taking about 2 weeks to hear back from KCC. There are couple of parallel threads going on reg that.
more...
starving_dog
07-13 01:37 PM
Your bank statement should back-up the deposit values for the five different pay periods. The pay-stubs will fly because the pay period encompasses the time span required.
kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
more...
amsgc
01-31 11:57 PM
I called the general customer service number - National Customer Service Center (NCSC) at 1-800-375-5283.
As I mentioned earlier, I did not go through with the options of sending the info. to the US consulate. But I will give it a try tomorrow. I don't know what you can do with that option (PIMS etc), but it is worthwhile to explore.
At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?
As I mentioned earlier, I did not go through with the options of sending the info. to the US consulate. But I will give it a try tomorrow. I don't know what you can do with that option (PIMS etc), but it is worthwhile to explore.
At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?
Roger Binny
10-25 11:52 PM
No-english ticket (http://www.kvue.com/news/state/stories/102309kvue_no_english_folo-cb.2464cdf97.html)
more...
ragz4u
01-25 11:53 AM
What is lobbying and is it legal?
As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying
It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about
What has lobbying got to do with the Immigration Bill?
As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.
The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others
This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.
This markup already seems to contain the provisions we need, what are we still worried about?
If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.
1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time
2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!
3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history
4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here
5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture
So as can be seen, there are various stumbling blocks towards achieving a favorable bill.
The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.
A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital
Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?
We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.
During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.
It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.
Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.
A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.
We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.
All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams
And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm
As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying
It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about
What has lobbying got to do with the Immigration Bill?
As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.
The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others
This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.
This markup already seems to contain the provisions we need, what are we still worried about?
If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.
1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time
2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!
3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history
4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here
5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture
So as can be seen, there are various stumbling blocks towards achieving a favorable bill.
The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.
A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital
Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?
We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.
During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.
It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.
Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.
A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.
We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.
All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams
And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm
ronhira
12-31 09:13 AM
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
more...
makemygc
08-03 10:22 PM
USCIS press release states that it has issued I-485 receipts upto July 11 2007
and for Texas upto June 26, 2007
Any link?
and for Texas upto June 26, 2007
Any link?
Prazz002
07-19 02:06 PM
I think this applies only for existing cases that is if you already have a EAD number and applied for renual.
more...
mohit7ul
07-13 02:10 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
up_guy
08-27 12:26 PM
I am using AC21 and moving on
My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.
Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option
As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B
If I follow my lawyer, will I lose something ?
Had anyone had experience like this before..
I need second opinion from guru who have actual experince..
thanks for your inputs
My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.
Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option
As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B
If I follow my lawyer, will I lose something ?
Had anyone had experience like this before..
I need second opinion from guru who have actual experince..
thanks for your inputs
more...
talduk
March 24th, 2005, 04:04 AM
Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.
Thanks.
admin
01-29 11:50 AM
Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
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USDream2Dust
06-14 09:52 AM
I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
Thanks in advance,
USDream2Dust
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
Thanks in advance,
USDream2Dust
rvurady14
04-13 02:24 PM
Congratulations!
josecuervo
08-11 10:46 AM
see my signature
pappu
10-02 05:35 PM
done
thanks Nycgal for sending the mail.
Only one member has sent the email today.! We need everyone's participation in order to make things happen for us. Each media article is important for us and creates awareness for our cause. When each member participates in our effort we are sure to get better results.
thanks Nycgal for sending the mail.
Only one member has sent the email today.! We need everyone's participation in order to make things happen for us. Each media article is important for us and creates awareness for our cause. When each member participates in our effort we are sure to get better results.
Ramba
03-28 01:46 PM
The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.
I agree with you. All the peoples want to fix the problem currently they are in. We should have a comman, broad sense goal.
I agree with you. All the peoples want to fix the problem currently they are in. We should have a comman, broad sense goal.
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