Aug Bulliten

Dependence on GC ...

Guys and Gals,

For India EB3 we need to realistically stop making any plans based on the assumption that we will get the GC in the near future. This should not stop us from taking advantage of the resources we have at our disposal. We should save money, invest if we have the money, get a higher education, invoke AC21 if our job sucks, quit and find jobs back home if our job really sucks and do any other positive thing that we actually have control over and are in a position of doing. If we keep delaying each and everything in lieu of the GC, we may never get around to doing any of it. The time wasted in this limbo state will not come back. I wasted 2 years of my life putting everything on hold in hopes that I would get the GC, now I am not delaying anything.
I have started considering the GC process as one small piece of my life that is in limbo. I am not letting it govern my life like I did a year ago. If it works out then everything will be okay, if it doesn't then I will still have all the other things I worked on while I was waiting on the outcome.

I understand that for those that have not filed their 485s there are fewer options but even they should try to not let this process take over their lives. I know its easier said then done but the other alternative is worse ...

regards,

saras
 
EAD rules?

Does anyone know if you can accept or work independtly while waiting for I-485 approval..I am planning on working with my I-485 employer and another firm part time..will it effect anything? how does one show this income for tax purposes?
 
Are folks with substituted labor also eligible for AC21?
How does USCIS judge a small co.'s ability to pay?

Thanks!!
 
As long as you keep your main job with sponsor, yes, you can do literally whatever you want with your EAD. Go for it.

desp_gc said:
Does anyone know if you can accept or work independtly while waiting for I-485 approval..I am planning on working with my I-485 employer and another firm part time..will it effect anything? how does one show this income for tax purposes?
Click to expand...
 
Do we know what are typical RFE for I-485 ?
Both my wife and myself got it.
I never used AC21.

saras76 said:
Guys and Gals,

For India EB3 we need to realistically stop making any plans based on the assumption that we will get the GC in the near future. This should not stop us from taking advantage of the resources we have at our disposal. We should save money, invest if we have the money, get a higher education, invoke AC21 if our job sucks, quit and find jobs back home if our job really sucks and do any other positive thing that we actually have control over and are in a position of doing. If we keep delaying each and everything in lieu of the GC, we may never get around to doing any of it. The time wasted in this limbo state will not come back. I wasted 2 years of my life putting everything on hold in hopes that I would get the GC, now I am not delaying anything.
I have started considering the GC process as one small piece of my life that is in limbo. I am not letting it govern my life like I did a year ago. If it works out then everything will be okay, if it doesn't then I will still have all the other things I worked on while I was waiting on the outcome.

I understand that for those that have not filed their 485s there are fewer options but even they should try to not let this process take over their lives. I know its easier said then done but the other alternative is worse ...

regards,

saras
Click to expand...
 
Typical RFEs

marlon2006 said:
Do we know what are typical RFE for I-485 ?
Both my wife and myself got it.
I never used AC21.
Click to expand...

marlon,

Most RFEs I have seen are as follows -

1. Proof of employment (only primary applicant gets this one).
2. Re-do medical tests.
3. Proof of marriage.
4. Legal status of spouse (dependent) or for both primary and dependent.

Now there are other types of RFEs out there but the above are the most common. My wife got a RFE for legal status. She did her college here and my lawyers forgot to include her I-20 and so they wanted proof that she was legal the entire time she was in the US before we got married etc.

In your case it is probably proof of marriage, legal status verification or medical tests. I say this because both of you have received it. If it were proof of employment then only you would have received it.

regards,

saras
 
Bulletin

HARRY007 said:
2 more weeks to see the August bulletin
Click to expand...

Guys and Gals,

Lets for once forget about these stupid bulletins and enjoy the upcoming weekend. I am past the point of caring when they release the damn thing.

regards,

saras
 
You are absolutely right saras. Lets enjoy comming week end. I have taken monday off to enjoy, so I have long week end.

take it easy....
 
Bulletin? What Bulletin?

I only see a nice, warm weekend already here...get out, get some sun, and put your GC worries on the backburner for another time...:)
 
gravitation said:
we are now down to predicting what the out date for the next bulletin will be?
Click to expand...
http://www.gtlaw.com/practices/immigration/news/2006/06/27.htm


Immigration News Flash

June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated

At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
 
How come?

How come Mathew Oh, or Sheela Murthy do not mention this? I think they too were present at SanAntonio for AILA conference. They only mentioned that DOL is trying to meet its goal in clearing the backlogs. Does this result in further retrogression or stalling of dates? Let us wait and see.

-Thanks


2getgc said:
http://www.gtlaw.com/practices/immigration/news/2006/06/27.htm


Immigration News Flash

June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated

At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Click to expand...
 
Maybe the other laywers dont want their clients who pay them hefty fees to bolt en mass to other countries outside US ?
 
unitednations said:
Now, is everyone getting it?

The ombudsmen report was posted on the portal from the ILW.com web-site.

He covered this issue. As of April 2006 there was approximately 70,000 pending employment base cases more then the 140,000 allowed greencard visas. According to ombudsmen that is that there is probably 210,000 or so pending AOS as of 4/2006. Assuming that USCIS has already used up more then half of the 140,000 visas, then there is 140,000 people still waiting. Also, according to his report, USCIS is on pace to use up 135,000 of the visas by the end of this fiscal year.

Also, this does not include people who haven't been able to file yet, it also doesn't include people who are awaiting consular processing (ie, follow to join). Also, the ombudsmen report stated that USCIS cannot give priority dates, country of chargeability information accurately. Also, it went on to say that it is going to get worse because there is much more coming into the pipeline from 2001.

Hopefully, now everyone will get it and stop the foolishness of predictions.
Click to expand...

Effect of increase in H1B quota in those 3 years I guess. 140000 visa numbers can easily satisfy 65000 H1B quota. But for 2 years H1B quota was raised to 115,000 and 1 year it was 195000.
 
Forget this ..

Guys and Gals,

Lets stop wasting time predicting all sorts of scenarios. All this speculation and "I told you so" posts are a TOTAL waste of time. What has to happen will happen, arguing about the future of this process is of no use because it will not change anything. Eachone of us believes certain things about the process and reading posts from "experts" doesn't really change our outlook. All of us find ways (even flawed logic) to justify our "pessimistic" or "optimistic" outlook towards this process. By now all of us know enough to make a reasonable judgement call about our own situation and how bad or good it is for us. Hearing it from others isn't helping any of us.

Lets stop trying to prove our theories right or wrong. All we do is present "fact" after "fact" to prove "eachothers theories" wrong or right. They are all theories and there are no victors here.

I fell victim to predicting theories and posting arguements to back up those predictions. It was a total waste of my time. Now I am back to doing what I used to do, answering legitimate questions about application problems and trying to share my experience with new applicants. I don't care for anyones predictions or for making any predictions .. its a lost cause and it really doesn't help anyone.

As for the warning from DOS about further retrogression in EB3. This is a legitimately serious matter and there should be no doubt in any of our minds that we are in for a long wait. Now lets spend time evaluating our own situations and how this news may affect us in the future and what we need to do to better our lives in these challenging times.

On a lighter note, the DOS is actually predicting severe retrogression in the future .. thats just hilarious :) .. the dates for EB3 are already in 2001 and they are trying to explain that it is not severe enough .. I shuder to think what their defenition of severe is .. :) What they should do is throw the dates back to 1998 and keep it there for a year or two .. then there will be about a million backlogged cases and they will release another warning stating that there will be "super severe" retrogression in the years to come ..

regards,

saras
 
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Will know next year

unitednations said:
USCIS is on pace to use up 135,000 of the visas by the end of this fiscal year.

Also, the ombudsmen report stated that USCIS cannot give priority dates, country of chargeability information accurately. Also, it went on to say that it is going to get worse because there is much more coming into the pipeline from 2001.
Click to expand...
We will come to know the truth when FY2006 report is published next year!

Ombudsman must be commended for his sensible suggestion to USCIS to keep track of PD, country etc when they receive the application. Currently USCIS & DOS seem to be making wild guesses while announcing the visa bulletein!
 
SKILL bill !!! any use?

The House version of SKILL BILL !!!. Will these politicians give us a break??/
I wonder :mad:
 
Lets be realisitc here ..

unitednations said:
Stating the obvious, but that is the solution.

However, what is everyone doing to facilitate this process. Is everyone anticipating the priority dates, or are they going to get away from their keyboard and join the lobbying process to increase the quota.

The only people that I know of who are trying to take care of the legal immigrants are immigration voice.

I don't complain one bit, or cry at the injustice because I haven't done one thing to try to make the process better.

If you really try to analyze; without legislative change it will be many, many years for a solution.

Issues which are going to make the process worse:

Per country ceiling limit 7.1% - even if they abolish this, it wouldn't be much of a remedy for eb3 because all countries are retrogressed

Indian nationals and people from ROW are all filing in eb2 currently
Thousands upon thousands of 2001 cases haven't made itinto the system.

Look at Matthew Oh's breaking news from a month ago. There was close to 100,000 perm labors filed from April 2005 until December 2005. We don't know how many were trying to recapture old priority dates, how many were duplicate filings because first one was denied. It was only for 9 months and most people didn't start filing the perm labors until the summer of 2005. Also, just about everyone I know was filing in eb2. Anyone who files in eb2 today will get priority over eb3. As eb2 gets clogged, then there is less visas for eb3 to go up and capture.
Click to expand...

UN,

You make some good points about being proactive by lobbying etc. But lets get a little real here. Most people are interested in their own process and could care less about the overall immigration system. For me personally several years have already been wasted and I am to busy in my personal life to try and fix this system. Plus the damage for me is already done and I am not a saint to try and break my back to change this system because a change that will occur a few years from now will not bring back any of the years I have spent in this system. I am being brutally honest and practical here.

I wish well upon future immigrants and hope that their process is better than mine but from a practical perspective only those wishing to file 485s and those that have just started this process (1-2 years) have the enegry and optimism to fight. People like myself that have been in this system for 6+ years will rarely buy the arguement that being proactive will change things ... the more years you spend in this system the more you realize the this system only changes when it wants to and the people who run the system could care less about pro-active immigrants. Its a mix of politics, ineptitude and rash decision making that rule this system.

I am not against proactive immigrants or organizations such as IV but I do not have the will, the energy or the time to try and change things now. I probably did not feel this way 3 years ago but my perspective is very different now. Maybe its my frustration talking here but that is exactly how I feel .. I am sure I am not alone.

regards,

saras
 
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