desi3933
02-04 01:44 PM
Recently got Laid off. Here are my details:
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My comments are in blue ....
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.
I mean when do I have to inform USCIS if at all?
In the event of RFE.
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My comments are in blue ....
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.
I mean when do I have to inform USCIS if at all?
In the event of RFE.
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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chanduv23
09-10 12:09 PM
Are you saying that whoever is happy in their job without a GC is in a closet or jail?
Having dealt with a lot of people, I have noticed that - most people are not happy but put up with it. They pretend to show a happy face whereas they want to jump jobs at the first possible instance.
They are in closets due to some kind of fear or stigma. If they are all happy with their h1b and jobs why did they all cry and crib during July visa bulletin fiasco and start pounding the IV website?
This is for those who have taken a stance against the rally for no reason. They are working against a cause that would help them.
Having dealt with a lot of people, I have noticed that - most people are not happy but put up with it. They pretend to show a happy face whereas they want to jump jobs at the first possible instance.
They are in closets due to some kind of fear or stigma. If they are all happy with their h1b and jobs why did they all cry and crib during July visa bulletin fiasco and start pounding the IV website?
This is for those who have taken a stance against the rally for no reason. They are working against a cause that would help them.
srkamath
07-20 01:26 PM
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
delax,
There is a mistake in your numbers, thousands of cases applied for in 2005 were approved in 2006.
If you look at the 2006 PERM Data Sheet, there are 7290 Approved, India cases with receipt dates in the year 2005.
I'm assuming PD = PERM Receipt Date (correct me if i'm wrong)
Similarly for 2006 in the 2007 tables.
Therefore there are ~ 8700 - EB1, EB2, EB3 cases in 2005 and not 1350.
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
delax,
There is a mistake in your numbers, thousands of cases applied for in 2005 were approved in 2006.
If you look at the 2006 PERM Data Sheet, there are 7290 Approved, India cases with receipt dates in the year 2005.
I'm assuming PD = PERM Receipt Date (correct me if i'm wrong)
Similarly for 2006 in the 2007 tables.
Therefore there are ~ 8700 - EB1, EB2, EB3 cases in 2005 and not 1350.
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feedfront
09-21 04:55 PM
My attorney's office received RFE mail today (Sept 21, 2010). RFE notice was sent on Sept 10, 2010.
RFE was about deficiency in medical exam report. My doctor is in not USCIS list (he was in list July 2007). Well, I called him and he was busy. I will talk to him again.
RFE is about:
1) Provide med exam report from USCIS authorized Civil Surgeon, and
2) Chest x-ray because TB was +ve
I had provided both. I guess I'll have to redo. I've to reply by Oct 13, 2010.
RFE was about deficiency in medical exam report. My doctor is in not USCIS list (he was in list July 2007). Well, I called him and he was busy. I will talk to him again.
RFE is about:
1) Provide med exam report from USCIS authorized Civil Surgeon, and
2) Chest x-ray because TB was +ve
I had provided both. I guess I'll have to redo. I've to reply by Oct 13, 2010.
more...
NKR
03-17 10:50 AM
Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.
I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.
I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.
meridiani.planum
03-07 05:10 PM
I was told that for AC21 we need to spend atleast 180 days counted from Reciept Date.
What is Reciept Date as we dont see that exact wording on reciepts.
Our 485 reciept has Notice Date and Received Date? What is Reciept Date from here?
receipt date = received date.
What is Reciept Date as we dont see that exact wording on reciepts.
Our 485 reciept has Notice Date and Received Date? What is Reciept Date from here?
receipt date = received date.
more...
singhsa3
03-03 01:16 PM
I just sent a request to CNN to take a look at this thread. A formal letter may be sent soon. So please continue to vote and participate.
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tinku01
02-20 03:02 PM
these type of posts keep you moving with this GC Process. Mine is EB2 June, I hope it would also become current in coming months.:p
more...
gcdreamer05
03-09 12:34 PM
This is insane, they are moving 15 days in 1 calendar month.
So going by this pace for EB3
mar 2002 - march 2011
mar 2003 - march 2013
mar 2004 - march 2015
mar 2005 - march 2017
mar 2006 - march 2019
i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!
So going by this pace for EB3
mar 2002 - march 2011
mar 2003 - march 2013
mar 2004 - march 2015
mar 2005 - march 2017
mar 2006 - march 2019
i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!
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shukla77
03-09 12:23 PM
Where is the great predictor :D
more...
jonty_11
07-05 03:47 PM
Thx for the update Pappu...
Go IV go!
Go IV go!
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swo
08-16 01:40 PM
Hi, do you know how long it took them to clear name check? which EB category /country are you? Mine is stuck in name check and am trying to find some pattern and if possible, some solace.. thanks.
Your case is unique. Either it will get through quickly or it won't.
BROADLY SPEAKING, 90% of cases take 6 months of less to get through name check. Some take longer. Depending on how common your name and it's variatiosn are, and depending on whether or not there are hits in the FBIs database, that will determine how it goes for you. Some are through in 2 weeks. Some in 2 years.
Sadly, it's not predictable in any way.
Your case is unique. Either it will get through quickly or it won't.
BROADLY SPEAKING, 90% of cases take 6 months of less to get through name check. Some take longer. Depending on how common your name and it's variatiosn are, and depending on whether or not there are hits in the FBIs database, that will determine how it goes for you. Some are through in 2 weeks. Some in 2 years.
Sadly, it's not predictable in any way.
more...
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mpadapa
09-26 09:25 AM
This is CNN at its best.. Twist the facts to drum up their own agenda
IV needs to contact the editor and educate him on immigration issues..
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
IV needs to contact the editor and educate him on immigration issues..
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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ivy55
01-16 08:17 PM
Contributing $20/month
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singhsa3
02-21 02:53 PM
Just one quick thing though:
Till date USCIS has supposedly received request for 2802 EB2 India visa (India Quota). So it could be assumed that at least 2802 cases are pending before 04/2004 (October and Nov 2007 Visa bulletin).
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
Till date USCIS has supposedly received request for 2802 EB2 India visa (India Quota). So it could be assumed that at least 2802 cases are pending before 04/2004 (October and Nov 2007 Visa bulletin).
Assuming you are right then,
average visa issued for EB1 ROW+Non ROW over the last 5 years have been 26K,
Now assuming this year the demand would be close to average then. It leaves 14K for EB2
Implying 12/2003 dates movement is very likely as 14k>5k (your number)
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ya3
03-08 01:07 AM
hmm... I may join... If I get time. We'll see :D
Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:
btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:
Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:
btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:
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Milind123
06-07 10:52 PM
http://www.fbi.gov/hq/nationalnamecheck.htm
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ronhira
03-12 12:24 PM
So now only paid people get access to information. Why don't you start contributing now?
I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").
More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:
1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
2. This could lead to serious legal issue and opposites can lose their shirts.
I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
I am not on any side and seriously want atleast the bashing stopped. But don't want some piece of jerk doing this for sake of passing time. I would consider Ron Hira a better candidate to counter bashing. He is paid (thats what it shows on his status as "donor").
More, I sincerely don't believe that paid employee of competitor can do this. 2 reasons:
1. By any kind of conversation, site gets more traffic. Thats exactly competitors don't want.
2. This could lead to serious legal issue and opposites can lose their shirts.
I think the people on opposite sites are some old finger burnt people from IV itself like Kumar. Think what Kumar will do if he is banned from IV today for harsh bashing!
gckaMara.... i love u for volunteering me for doing something.... not sure what..... but that's ok.....
btw.... greyhair is just giving excuses...... but u look like someone who cares.... y r u not a donor....
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ashkam
12-21 07:46 AM
Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(
G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.
G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.
rodnyb
04-11 01:05 AM
I agree wholeheartedly. CIS has the burden for cases. DOS should do sth. too, not just a number game. They should have exact visa approval number published every months. Due to this past pdf error, I have concerns on all their numbers published.. did they give enough numbers to CIS.. are all those reports which show they approved 140K EB real?
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
vin13
02-28 11:18 AM
I may be able to help get air tickets to a couple of individuals.
Please PM me with your Name, phone number, and good time to reach (with time zone) if you are in need of air ticket help for the advocacy event.
Thanks
Please PM me with your Name, phone number, and good time to reach (with time zone) if you are in need of air ticket help for the advocacy event.
Thanks
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