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by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?

Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.

Indiana, wake up and smell coffee. Your neighbors in MI wish you good luck.

Folks,

employer's attorney claims that there is no such thing as H4 premium processing.

Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

I searched all Mathew-Oh updates dated one year ago and can't locate it.

I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

Can anyone please help?
There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.

The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.

Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.

This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.

God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.

Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.

Smisachu, I agree, I need to add alternative education… thank you for your advice.

What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?

What is your experience?

CIR does not help LEGALS .. its for people who broke US LAWs

We do not need CIR ..

Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.

The correct term is Offshoring.

Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.

Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.

Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.

People over 5 years will be eligible to apply for green cards after 6 years! This bill puts illegals in the place where they should be put, and I would not call it amenesty by any measure.

With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.

IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise

But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?

How does it work?

According to the list an Accountant position requires a STEM discipline in Computer Science.

So an MS in Computer Science falls under STEM but an MS in Accounting does not?

Could some please verify this?

???

Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!

If the JOB requires EB2 then you can file EB2 and not because your qualification/experience is equivalent to EB2. If your company can prove why you are the best suited for this JOB which is EB2 category, there should not be any problem. Given the circumstances - filing EB3 will be a safe bat.
Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...

so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?

No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________

One big question:

Who runs this free calling service?

There is no contact information or legal disclaimers. It is just a one page website.

BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.

I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

Any suggestions from the community out there?


""""2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.""" --> FYI delhi still has August 3 onwards visa dates

Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)

I'm from Bangladesh and my PD is May 2006....EB3

I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

Some help here will be highly appreciated��.thanks in advance

RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?

IV needs to compile all your replies. Please send them ASAP.

You have Enough time - I'd say a little more than enough time to think judiciously before you jump ship. Find a good employer -someone with whom you can stick around for a couple of years - and then make your move.

No need to be desperate and catch the first job opportunity which comes your way. PERM should take 4-6 months overall and one month for 140. You have 7 more months - now this is completely your personal choice - depending on how much of a risk taker are you - you can look for a good opportunity for say 2 months and then switch or loop another 4 months or maybe switch tomorrow. Thats a part you get to decide and enjoy.