gc_check
07-04 12:21 PM
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
$170 - Fees for I-131 / Application for Advance Parole / Travel Document.
$180 - Fees for I-765 / Application for Employment Authorization.
$ 325 - Fees for I-485 / Application for Adjustment of Status to register as Permanent Resident. ($225 for applicaiton below 14 and over 80 (Should check on this))
$70 - Biometric Recording Fees. (Finger Printing, etc)
Usually for majority of the folks, Employer covers these fees, But for spouse and dependent children, these fees have to be taken care by individual/applicant themselves. Atleast my agreement is like that.
NOTE : These fees are already revised / increased effective July 30, 2007. Will find the details and will post.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
$170 - Fees for I-131 / Application for Advance Parole / Travel Document.
$180 - Fees for I-765 / Application for Employment Authorization.
$ 325 - Fees for I-485 / Application for Adjustment of Status to register as Permanent Resident. ($225 for applicaiton below 14 and over 80 (Should check on this))
$70 - Biometric Recording Fees. (Finger Printing, etc)
Usually for majority of the folks, Employer covers these fees, But for spouse and dependent children, these fees have to be taken care by individual/applicant themselves. Atleast my agreement is like that.
NOTE : These fees are already revised / increased effective July 30, 2007. Will find the details and will post.
wallpaper Beautiful HQ Nature | 40 JPEG
okuzmin
09-30 04:29 AM
HI can some body answer if we can apply for canadian PR with H1 B valid for less than 1 year.
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
For canadian citizenship you have to be in canada for 2 yr(physicaly) and after 3 yr after stamping
You can apply for Canadian PR while staying in the USA if you can demonstrate that you have entered the USA legally and stayed in the country legally for at least one year. That's what Canadian law says. I'm too lazy to look for the actual law -- just google it. ;)
You can apply for the Canadian citizenship after staying in Canada for three years out of four. Of these three years, you must be a PR for at least two years.
http://www.cic.gc.ca/english/citizen/becoming-howto.html
alkg
09-23 08:50 PM
good one
but............................................... .........................
after seeing the worst economic conditions, are they really going to distribute GCs to give a ray of hope to this weakened economy........?????????
but............................................... .........................
after seeing the worst economic conditions, are they really going to distribute GCs to give a ray of hope to this weakened economy........?????????
2011 wallpaper, High quality
PlainSpeak
01-13 03:42 PM
If I were on smoke, coffee or dope or anything else, I would be posting messages of the type you are :).
Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.
Good Luck To You.
If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
sheriking and teqaring of hair and other stuff.
To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies
My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....
Good Luck To You TOO.
Its good to see the tone of your messages seems to have changed from shrieking at all EB3 to fight against EB2 to something a little less absurd.
Good Luck To You.
If i remeber correcttly it was all you IV guys (Mostly EB2 and some EB3 too) who were doing all the
sheriking and teqaring of hair and other stuff.
To talk like me you donto need to be on smoke, coffee or dope or anything else. All you need is respect for others point of view and courage to stand up for what you beleive and not be intimated by bullies
My tone was always the same (Albiet i used some strong words in between but that is my fault not yours) and my messages have been the same. If you think about it all you guys who were seeing my messages are now seeing them again and maybe just maybe undwerstanding the intent if not agrreing with me. Which is ok. You cannot win them all.....
Good Luck To You TOO.
more...
EB2IMMIGRANT
08-20 09:07 PM
Heat on SRK was because of scanner on Bollywood shows - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Heat-on-SRK-was-because-of-scanner-on-Bollywood-shows/articleshow/4916759.cms)
.jpg "nature wallpapers hd")
pappu
12-09 09:01 AM
The thread was started by an IV core member who took the lead on this and this idea has also been pursued by him with officials. If you have any questions to the core member, contact him. You can also contact your state chapter leader who can easily communicate with any core member.
It is not possible to read all posts and respond so you maybe disappointed.
Thanks.
It is not possible to read all posts and respond so you maybe disappointed.
Thanks.
more...
Rb_newsletter
01-21 06:15 PM
I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
------------------------------------------------------------------------------------------
However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.
� No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
� If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.
Why?
Because of 2 recent events:
1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.
What does the memorandum mention, specifically, about 3rd Party Consulting companies?
Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Employer-Employee Relationship:
As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.
Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!
This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):
�The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�
Right to Control:
Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!
Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?
This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!
How this memorandum relates to the recent deportation events from NY and NJ airports?
There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.
Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)
What one could predict as happening sooner (trend)?
� Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
� Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.
Good Luck my Friends....!!
2010 2011 HD Nature Wallpapers Pack
Macaca
07-03 09:01 PM
I will need everyone's input since I don't know all issues.
Titles
"Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"
Retrogression in employment based (EB) legal permanent resident (= GC) process
Skilled tax paying immigrants
Adjustment of Status (AOS) is last stage in EB GC process
AOS application requirements
Application requires
Medical
increase in (hard to get) appointments across United States
Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)
Birth certificate
request for documentation in country of origin
Requires applicant and dependents (spouse + children) to be in country.
Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)
2-3 days to prepare forms
Applicants changed their schedules to submit forms
Cost of applying
Application Fee
I-765 (Application for Employment Authorization) $180
I-485 (Application for Adjustment of Status to register as Permanent Resident)
($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
I-131 (Application for Advance Parole / Travel Document) $170 -
Biometric Recording Fees (Finger Printing, etc) $70
Total $745
Lawyer Fee $1000+
Others
Medical $250+
Pictures $30-40
Postage $50
Misc $50
2 Days off Work
Overseas travel to fill form
Looks like only $380+ is lost per applicant.
Need good estimate on #dependents!
Benefits of AOS application
provides Employment Authorization (EAD) that
allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
allows spouse to get out of the house and contribute to American economy.
eliminates the need for continually renewing temporary skilled visa
A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
USCIS gets a better load estimate for load balancing.
What happened
Applicants started filling forms on June 13th
Some applicants mailed forms on June 29th
USCIS announced on July 2 that it will not accept forms recieved on or after July 2
Why does it hurt
Waiting in line for 6+ years due to previous GC processing delays
Very little chance of legislative relief for a long time.
Rejected June filers can not re-file.
Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
$'s lost on re-applying
Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
Medical will not be valid after 1 year and photos will not be valid after 6 months.
estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
USCIS which is supported 90% by application fee should pay some attention to applicants
Special cases
I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)
Individual trauma and stress
Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)
The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
Applicants will always live in fear untill they receive receipt #
USCIS history
376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
According to page 35 of ombudsman report, This loss of visas is due to:
gaps in USCIS’ accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Comparison with Undocumented
Titles
"Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"
Retrogression in employment based (EB) legal permanent resident (= GC) process
Skilled tax paying immigrants
Adjustment of Status (AOS) is last stage in EB GC process
AOS application requirements
Application requires
Medical
increase in (hard to get) appointments across United States
Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)
Birth certificate
request for documentation in country of origin
Requires applicant and dependents (spouse + children) to be in country.
Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)
2-3 days to prepare forms
Applicants changed their schedules to submit forms
Cost of applying
Application Fee
I-765 (Application for Employment Authorization) $180
I-485 (Application for Adjustment of Status to register as Permanent Resident)
($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
I-131 (Application for Advance Parole / Travel Document) $170 -
Biometric Recording Fees (Finger Printing, etc) $70
Total $745
Lawyer Fee $1000+
Others
Medical $250+
Pictures $30-40
Postage $50
Misc $50
2 Days off Work
Overseas travel to fill form
Looks like only $380+ is lost per applicant.
Need good estimate on #dependents!
Benefits of AOS application
provides Employment Authorization (EAD) that
allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
allows spouse to get out of the house and contribute to American economy.
eliminates the need for continually renewing temporary skilled visa
A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
USCIS gets a better load estimate for load balancing.
What happened
Applicants started filling forms on June 13th
Some applicants mailed forms on June 29th
USCIS announced on July 2 that it will not accept forms recieved on or after July 2
Why does it hurt
Waiting in line for 6+ years due to previous GC processing delays
Very little chance of legislative relief for a long time.
Rejected June filers can not re-file.
Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
$'s lost on re-applying
Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
Medical will not be valid after 1 year and photos will not be valid after 6 months.
estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
USCIS which is supported 90% by application fee should pay some attention to applicants
Special cases
I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)
Individual trauma and stress
Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)
The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
Applicants will always live in fear untill they receive receipt #
USCIS history
376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
According to page 35 of ombudsman report, This loss of visas is due to:
gaps in USCIS’ accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Comparison with Undocumented
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smuggymba
10-15 03:37 PM
logon ke muh mein ghee shakkar:)
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walking_dude
02-13 02:32 PM
Where did I say ROW need not participate?!Instead I asked ROW members to participate more actively and become a mainstream component of the movement!
Those ROW members who are part of the IV are supportive of removing country caps. They are satisfied with IVs stand that increase in numbers along with removal of country with benefit all - ROW, Indians, Chinese, Mexicans and Phillipinos. No EB immigrant will be left behind :-)
I'm thankful to every active IV member - ROW, India , China, Mexico or Phillipines who has worked for IVs cause. Those few ROW members who keep harping on the split in IV over country quotas never were/are part of the IV movement (active dedicated members). They just sit on the sidelines and create rifts.
.....
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
Those ROW members who are part of the IV are supportive of removing country caps. They are satisfied with IVs stand that increase in numbers along with removal of country with benefit all - ROW, Indians, Chinese, Mexicans and Phillipinos. No EB immigrant will be left behind :-)
I'm thankful to every active IV member - ROW, India , China, Mexico or Phillipines who has worked for IVs cause. Those few ROW members who keep harping on the split in IV over country quotas never were/are part of the IV movement (active dedicated members). They just sit on the sidelines and create rifts.
.....
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
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vikki76
05-13 07:17 PM
RE: Jaime,
Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.
Well, I am not sure of your reason..but whatever, if you are serious, then join any major tech company in US, and ask them to relocate to India.Cisco,Intel,Sun Microsystems, Accenture,Citibank etc. are always on look out for expatriate.
If you won't join tech company,and explore for direct employment then max pay you might get is Rs 15 Lakh per annum. or 15,000,00.
If you are an airline pilot,you will be welcome by open arms.Aviation sector is facing huge shortage.
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villamonte6100
12-14 02:39 PM
I think you are taking it so personal. I am not opposing this idea. In fact, I suggested to check with your immigration lawyers and share what they say.
All I'm saying is that, in my personal view, I don't see any discrimination on the existing law you are pointing out. I don't see anyone being discriminated. It just so happen that we belong to 4 countries affected by this quota.
If we can ask the US government to probably give exception to us, I think that's one idea. But that's absolutely remote.
My country of origin has got nothing to do with what we are talking here. You are taking so personal because you might have been waiting for your GC for quite sometime. Well, we are just on the same boat.
This is an open forum my friend. So please take it easy.
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)
Thanks.
All I'm saying is that, in my personal view, I don't see any discrimination on the existing law you are pointing out. I don't see anyone being discriminated. It just so happen that we belong to 4 countries affected by this quota.
If we can ask the US government to probably give exception to us, I think that's one idea. But that's absolutely remote.
My country of origin has got nothing to do with what we are talking here. You are taking so personal because you might have been waiting for your GC for quite sometime. Well, we are just on the same boat.
This is an open forum my friend. So please take it easy.
Villamonte,
Just so that we can understand the background of your continues opposition to this idea, could you please let us know your country of origin? Also some information about which state chapter you belong to will be great if you don't mind. :)
Thanks.
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a2k2
01-13 04:09 PM
As someone in one of the threads had mentioned, say "All is well" and you will feel better!!!
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snathan
08-16 01:55 AM
Can you point to a single post praising the immigration system.
He is confused immigration with security system
He is confused immigration with security system
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Marphad
03-27 12:05 PM
Hey this is not fair! Someone updated poll options.
Anyways, not a problem. Just teach me how to do it please.
Waiting for reply to learn this.
Ek Student Gyan ki bhiksha maang raha hai bachcha.
Anyways, not a problem. Just teach me how to do it please.
Waiting for reply to learn this.
Ek Student Gyan ki bhiksha maang raha hai bachcha.
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vdlrao
07-16 06:05 PM
EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
I mean EB2 India will be current with in a year.
I mean EB2 India will be current with in a year.
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villamonte6100
12-14 01:41 PM
I totally agree with you.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
This is exactly correct. It is not the question of right or wrong here. That is what gets folks so upset on this thread, they feel since their viewpoint s right then.......... Most neutral observers like mbartosik can see this as unjust and there may be many in the US as well, however certainly not the majority. However, there are many ways in which this could backfire. One example is the recently seen debate over illegal immigration and the turn in public sentiment. Truth be told, if someone did something wrong 12 yrs ago(crossed the fence), now is married to a US citizen and has 3 US children, what do you do with them? What about the 3yr old who was brought to the USA by their parents and knows no other system? Perhaps a few years ago joe public would have given them a pass, no more, the debate has become so nasty that positions have been hardened to the point that reason does not prevail. Another reason has something to do with the perceived sense of entitlement Americans sensed in the illegal immigrant community(of course fanned by Lou Dobbs and his ilk). These are complex issues and generally you will get a lot further appealing to someones sense of fairness than explaining how you are entitled to something and will take it from them if it is not given to you.
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harikris
06-03 10:12 PM
Applicant gets the peace of mind and can go around buying houses, changing jobs etc whereas it is just a procedural change for USCIS.
Who said you cannot buy a house on just h1b? Or change jobs while on EAD? Such would be their defense for the argument above.
Peace of mind, my friend, does not comply with the objectivity of the argument. Also, it's very subjective too. People that have H1B, would be peaceful if they get their I140 approved, people that have GC would imagine how peaceful it would be if only they had citizenship.
The incredibly long wait to process the backlog is simply not acceptable. With a professional shelf life being 30 odd years, one cannot afford to spend 50% of that time just waiting to be integrated in the system. Numbers don't lie.
As i have been saying - introducing reform bills and converting them to legislations is our only way, right? Let's put these numbers together as a motivation for the reform bill and seek solutions.
Who said you cannot buy a house on just h1b? Or change jobs while on EAD? Such would be their defense for the argument above.
Peace of mind, my friend, does not comply with the objectivity of the argument. Also, it's very subjective too. People that have H1B, would be peaceful if they get their I140 approved, people that have GC would imagine how peaceful it would be if only they had citizenship.
The incredibly long wait to process the backlog is simply not acceptable. With a professional shelf life being 30 odd years, one cannot afford to spend 50% of that time just waiting to be integrated in the system. Numbers don't lie.
As i have been saying - introducing reform bills and converting them to legislations is our only way, right? Let's put these numbers together as a motivation for the reform bill and seek solutions.
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YesGC_NoGC
06-26 12:55 PM
Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
Tito_ortiz
03-14 12:02 PM
Just fill out the forms and submit them. It is very easy. It took 6 months for me to get the PR in the Socialist Canada. Then it took 1 month for me I should get out of there quickly. Very low pace, not many high level employment, high taxes. I visited a friend there last weekend. In Vancouver, it rains like hell and it is depressing to me. I said, darn, why am I living here? If I am not going to have significant career advancement, I should go back home than staying here enjoying this rain. In Toronto it is cold like hell. Go there and spend a couple of weeks and see if you like it. People are usually friendly there. In the end, it depends on how bad is back home when compared to Canada. Good luck.
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
punjabi
07-22 10:40 AM
People in Quixstar and Amway can best be described as organisms who would like to prey on your humble attitude so they can eat away your wallet including your peace of mind. Like FBI, they are supposed to extract all the information about your job, relatives, wife, cousins, friends, and so on. They won't feel bad to ask as personal questions as what time you go to work, what you do on weekends, which movies you watch, what color of underwear you wear, etc. etc.
Shameless creatures!
Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.
It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.
One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.
One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.
Next time you step out of your house, remember what your mommy told you 20 years ago:
DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.
Shameless creatures!
Their bodies still run a blood of human beings (so scientifically they are still classified as among the species of humanoids) but they are left to pest around the people at places like malls and shopping centers to suck the blood out of them, just like the brown-colored-termites in the backyard of my previous house.
It is run by people with covert personalities. Look at the definition of the word 'covert' and you will understand.
One day, I was talking to my uncle in punjabi language over the phone at Target store. After the conversation ended, I found a guy standing next to me in the same aisle. He told me "You speak punjabi too? It is hard to find people who speak punjabi here. By the way, I am also from Punjab" and he extends his hands forward. He asked me my orkut id, facebook id, phone number, which company I work for, when I do get off from work, when can I meet him for a cup of coffee. Thankfully, I knew these kind of people before.
One of my friends told me that Quixstar was first known as Amway in US. And they had to change the name to avoid taxes or some kind of heavy penalty.
Next time you step out of your house, remember what your mommy told you 20 years ago:
DON'T TALK TO STRANGERS. IF THEY OFFER YOU A CANDY, JUST SMILE. POLITELY SAY NO AND WALK AWAY.