engineer
09-27 10:17 AM
This is great news for IV cause..IV can use this to its advantage to prove the EU will get immigrants easily and US will face pressure in getting highly skilled immigrants.
We know it very well that most of the students go to EU, Australia etc due to delays in F1 visas and less prospects of getting green card..
We know it very well that most of the students go to EU, Australia etc due to delays in F1 visas and less prospects of getting green card..
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gcphul
04-09 12:05 AM
I got 9thh year visa Stamped in chennai in jan with no issus it was smooth.I returned to JFK in Mid Feb. IO just asked one question abt my job role.Thats it i am done.But for my wife he took finger prints. Database showing someone else name and Pic. He asked to go the seperate room. IO was re checking again in computer my wife name and pic showing passport and pic came on the computer. I asked IO that something officer he just said Finger prints mis-mathing and he said its not big deal, wait few more minutes I let u go. After few minutes 2 IO's discussed something which I couldnt hear, they said to u can go. I was scared little bit. It was smooth.
ajthakur
07-14 05:47 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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BharatPremi
04-08 08:50 AM
HI BharatPremi,
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
I think, No. FInal really certified labor has "certified" status only.
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
I think, No. FInal really certified labor has "certified" status only.
more...
belmontboy
02-19 04:11 AM
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
How exactly are illegals going to prove that they have been here for more than 5 years?
How exactly are illegals going to prove that they have been here for more than 5 years?
sodh
07-24 01:35 AM
Pappu, Others:
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
My lawyer confirmed they were "unable to" include the Employment Verification Letter along with the AOS/ EAD/ AP packet that was submitted in time to reach USCIS on July 2.
What are my options now? If you have any insight please let me know.
I was wondering about doing one or both of the following two things:
1. Send Employment Verification Letter even before Receipt Notice is received for I-485. This is likely to be lost in the mess that it is now, but does not hurt trying!
2. Prepare and send another I-485 with all documents including Employment Verification Letter. Even if this is not recommended by some lawyers, I would think this is better than simply relying on the "common" practice of issuing an RFE instead of outright rejecting the I-485.
Thanks!
Can someone clarify to our needy members the difference between employment verification letter and employment offer letter please try to understand EVL is not neccesary if you can produce latest payslips from the Employer who sponsored your GC but employment offer letter is very important from the same Employer who sponsored your GC.
more...
krishmunn
08-31 02:25 PM
I just found that Aspen University is offering online MBA at $3600 (end to end) + books.
The univ is accredited by DTE but not sure about its market value.
I am thinking about low cost MBA and the options (apart from newly discovered super low cost Aspen) are --
University of South Dakota (USD) (18 K)
&
University of Massachusetts (UMass) (30 K)
Does any one know if USD has a decent market value ?
The univ is accredited by DTE but not sure about its market value.
I am thinking about low cost MBA and the options (apart from newly discovered super low cost Aspen) are --
University of South Dakota (USD) (18 K)
&
University of Massachusetts (UMass) (30 K)
Does any one know if USD has a decent market value ?
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dealsnet
06-01 09:40 PM
Headed to Canada, Mexico, Bermuda or the Caribbean? Here's a tip: Take your passport to avoid a headache coming home.
U.S. and Canadian citizens must present approved ID at land and sea borders
The rule was scheduled to take effect more than a year ago
Some business and tourism groups fear that regulations will hurt business
U.S. border officials say electronic passport readers should expedite traffic
READ MORE
http://www.cnn.com/2009/TRAVEL/06/01/us.canada.border.rules/index.html
U.S. and Canadian citizens must present approved ID at land and sea borders
The rule was scheduled to take effect more than a year ago
Some business and tourism groups fear that regulations will hurt business
U.S. border officials say electronic passport readers should expedite traffic
READ MORE
http://www.cnn.com/2009/TRAVEL/06/01/us.canada.border.rules/index.html
more...
msgrewal81
02-19 12:11 AM
If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.
Dear (Congressman/woman, Pres. Obama):
Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.
Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.
Kind regards
(Your name)
https://writerep.house.gov/htbin/wrep_save
http://www.whitehouse.gov/contact/
Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....
Dear (Congressman/woman, Pres. Obama):
Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.
1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.
2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.
Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.
Kind regards
(Your name)
https://writerep.house.gov/htbin/wrep_save
http://www.whitehouse.gov/contact/
Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....
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chanduv23
01-30 09:08 PM
Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
more...
gc28262
04-10 10:04 AM
The biggest surprise is EB3 Mexico. It just turned to U. How is that possible??
Can this happen to EB3-I India as well??
In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.
As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.
Can this happen to EB3-I India as well??
In April bulletin EB3 Mexico was at 01-JUL-02. Mexico used up all its quota and turned U. That means there were lot of applicants whose PD was before 01-JUL-02.
As for India EB3, same logic applies. Right now India EB3 is at 01-OCT-01. If there are enough people with PD before 01-OCT-01 to use up the quota, it can turn U in the next bulletin. Otherwise it could inch couple of weeks forward.
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alex99
10-12 09:01 PM
Thanks
more...
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gcisadawg
03-09 06:52 PM
Quick question guys :- My PD is feb 2008 and I140 was approved in july 08.
I also want to call my congessman, can you please tell what are the things you talk to them?
A brief guidance will help many others like me to make a call.
~
I asked our area congressman to inquire about pending I-140.
Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"
I also want to call my congessman, can you please tell what are the things you talk to them?
A brief guidance will help many others like me to make a call.
~
I asked our area congressman to inquire about pending I-140.
Instead, they inquired about pending I-485 and came back with a message saying" Sorry, you have to wait it out since your PD is light years away as compared to current EB3/I processing date"
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HOPE_GC_SOON
08-02 03:13 PM
Folks,
This is a good beginning for a cause which gives us some relief in these retrogressed life.
We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.
This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.
Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.
Please start this movement.
best wishes and thanks for all the great Volunteers.
No doubt if, IV wish, it can achieve... No Wonders
thanks
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
This is a good beginning for a cause which gives us some relief in these retrogressed life.
We can atleast propose to USCIS, to accept 485 (if not approval), for those case, where I140 is approved, and the approval can be given in the normal PD schema.
This would lessen the burden on USCIS and facilitate the GC applicant to avail of AC21 PROVISION.
Also, we can highlight here that EAD renewal could be a great source of revenue for USCIS.
Please start this movement.
best wishes and thanks for all the great Volunteers.
No doubt if, IV wish, it can achieve... No Wonders
thanks
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
more...
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greyhair
02-11 12:40 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
There is a huge backlog in FB category. How come there are 13,000 unused visas in FB. If any immigration business shop is so confident about their assertion, why do they not file a lawsuit on CIS. Why are they posting these messages on different forums? Do they just want to gain visibility? It seems that its better business practice is to write random statements like 'CIS failed again' without having the willingness to do something about CIS failure. Aren't there clients with pending 485 of this immigration shop. As their lawyer and with fiduciary duty towards his clients, if he is so confident of CIS failure, why is he not filing a lawsuit on CIS to guard the interest of his clients.
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frostrated
07-13 08:37 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?
more...
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wellwisher02
04-23 08:10 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
-------------
Hearty Congrats on turning 'Green'!
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
-------------
Hearty Congrats on turning 'Green'!
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nojoke
02-27 09:11 PM
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
Easy solution - Please don't be forced to read them.
misery didn't attrach misery -housing bubble attracts misery.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
Easy solution - Please don't be forced to read them.
misery didn't attrach misery -housing bubble attracts misery.
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delax
07-20 02:28 PM
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.
The data is organized by Govt Fiscal Year (Oct thru Sept) and by priority date not approval date. Thus anyone applying in Oct-Dec of 2005 will show up in the 2006 file.
You will notice that the PERM receipt date is always between Oct of previous year and Sept of next year. I also think that the pre-PERM data is a little suspect. I am the only GC applicant from my company and my PD is July 2004, but my case does not show up in the 2004 file. I guess during the transfer from DOL to BEC's my case got lost in translation though I got an approval in Feb 2007.
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.
The data is organized by Govt Fiscal Year (Oct thru Sept) and by priority date not approval date. Thus anyone applying in Oct-Dec of 2005 will show up in the 2006 file.
You will notice that the PERM receipt date is always between Oct of previous year and Sept of next year. I also think that the pre-PERM data is a little suspect. I am the only GC applicant from my company and my PD is July 2004, but my case does not show up in the 2004 file. I guess during the transfer from DOL to BEC's my case got lost in translation though I got an approval in Feb 2007.
mheggade
07-14 01:22 PM
link does not work
desi3933
02-12 01:42 PM
....
The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.
A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay
_________________
Not a legal advice.
The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.
A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay
_________________
Not a legal advice.
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