msp1976
03-09 05:01 PM
Not sure what you meant by your statement "screwed either way"
Also, please let me know what does EB2 ROW means. Thanks!
Without immigration reform Cannot file I-485 application...Wait for 7/8 years at least.to get green card finally..
ROW is rest of world....All countries except India/China
The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
Also, please let me know what does EB2 ROW means. Thanks!
Without immigration reform Cannot file I-485 application...Wait for 7/8 years at least.to get green card finally..
ROW is rest of world....All countries except India/China
The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
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sudhirvallam
10-24 06:39 PM
The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
nashim
09-08 01:39 PM
lol
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indio0617
07-11 02:22 PM
/\/\/\/\/\
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ronhira
09-18 09:42 PM
USCIS admits to a backlog of 190K but most are in EB2-I/C and EB3 with a PD earlier than Aug 2007. No one knows how many people are waiting in these categories with approved I-140s from Aug2007-Sep2010. It could be another 150-200K. S0 even if the backlog is not 800K, but its around 400K.
uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....
u may want to look for uscis definition of backlog....
uscis definition of backlog is pending AOS applications that have been processed and have visa dates current...... they do not account for application with non-current dates as backlog..... so that's y they say the backlog is 190K..... but in reality the backlog size is many folder higher than 190K.....
u may want to look for uscis definition of backlog....
amitga
08-01 11:46 AM
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rajmalhotra
02-08 04:46 PM
This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
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thomachan72
03-04 09:29 AM
Isn't there something called I-9 also that has to be maintained by the local HR?
So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.
So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.
more...
rbharol
09-26 08:37 PM
I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
be changed.
be changed.
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GCcomesoon
10-31 02:39 PM
Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:
Hi
I got my EAD approved last week on 10/25 after 143 days.I had made 2 info pass appointments, had called USCIS & created 2 service requests after which I guess even my attorney had called USCIS . Only after all this , the message on USCIS online showed that "Card ordered" Actually I have to still receive my physical card in hand. Can you believe even my FP is pending for last almost 5 months now ?
Thanks
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD -10/25 - message - Card ordered online.
Still waiting for actual EAD card & FP
Hi
I got my EAD approved last week on 10/25 after 143 days.I had made 2 info pass appointments, had called USCIS & created 2 service requests after which I guess even my attorney had called USCIS . Only after all this , the message on USCIS online showed that "Card ordered" Actually I have to still receive my physical card in hand. Can you believe even my FP is pending for last almost 5 months now ?
Thanks
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD -10/25 - message - Card ordered online.
Still waiting for actual EAD card & FP
more...
HumHongeKamiyab
12-17 11:08 AM
Is this family based GC or Employment based?
Thanks,
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
Thanks,
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
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gcseeker2002
01-07 10:27 AM
FYI:
http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html
another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!
http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html
another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!
more...
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singhsa3
08-14 10:52 PM
Employment Based (EB) Green Card (GC) Laws
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
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saatiish
05-14 12:02 AM
something new, I did not know that.
BTW, I got labor approved on 3/1/2010, 140 on 3/25 and 485 approved on 5/5.
A slightly off topic - but how did you know that your 485 was approved ?
Can you tell us in detail how you got this information about your case ? I want to know if mine is approved or not.
BTW, I got labor approved on 3/1/2010, 140 on 3/25 and 485 approved on 5/5.
A slightly off topic - but how did you know that your 485 was approved ?
Can you tell us in detail how you got this information about your case ? I want to know if mine is approved or not.
more...
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spdy_mn
08-02 01:49 PM
Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.
Alrighty, submit the copies and have the originals in hand. That works, thanks
Alrighty, submit the copies and have the originals in hand. That works, thanks
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srisra
07-13 09:21 PM
i am also in the same situ.
my lawyer asked me & my wife to sign a document before he proceeds. I was supposed to sign it today. but i am scarred.
the other thing is if uscis rejects it, i have to pay my lawyer add'l $250 for re-filing.
i just spent $650 for medicals taking time off..
not worth...
i am getting frustrated... and can t control....
my lawyer asked me & my wife to sign a document before he proceeds. I was supposed to sign it today. but i am scarred.
the other thing is if uscis rejects it, i have to pay my lawyer add'l $250 for re-filing.
i just spent $650 for medicals taking time off..
not worth...
i am getting frustrated... and can t control....
more...
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tdasara
05-29 08:42 AM
This basically is adding insult to injury!
How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?
Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo
For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?
So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?
How can one expect a sane professional being stuck with the same job description for 5-10-15 years with little or no pay increase?
Oh, well, that's the law!! So were Jim Crow laws....An unjust law no law at all! Augustine of Hippo
For Christ sake...the PD's are stuck in Windows 2000 era (even Windows 98 era). We have had XP, Vista and now Windows 7 and we are expected to work on Windows 98?
So in case of an RFE, do we plead saying Windows 98/Windows 2000 are obselete no sensible (profitable) business uses it and I have to work on Windows Vista?
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jonty_11
03-28 04:38 PM
just looking at the tracker and getting a list of EB2 India - 1362 and EB3-India 1171...
This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....
This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....
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amsgc
07-07 09:50 PM
Very good, shabaash!!
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
Hi,
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
Hi,
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
singhsa3
08-19 12:56 PM
Thanks, I work in the credit derivatives area. Developing IT infrastructure for pricing and doing risk analysis for single names and multi-names credit derivatives. What about you?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
Rb_newsletter
05-03 09:15 PM
Hi All,
Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.
As far as I know you cannot mail passports out of country. So same rule might apply for sending the passport through friends. Check the rules thoroughly.
Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.
As far as I know you cannot mail passports out of country. So same rule might apply for sending the passport through friends. Check the rules thoroughly.
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