Pending
04-08 01:24 PM
I did contact Senator/Congress persons, and it it didn't help the FBI does not repond to congresional inquirie concerning name check.
All eyes are focused on the immigration bill at this point, so expect no help.
I am pending name check since 2002.
All eyes are focused on the immigration bill at this point, so expect no help.
I am pending name check since 2002.
wallpaper The ruin was walking across
cestmoi
01-11 11:46 PM
Am I blind or is part 2 missing one more option?
None of the options apply to me below as I will be applying for employment based Green Card as I have a L1A visa (unless I'm not supposed to be filling out i-485?)
a. An immigrant petition giving me an immediately available immigrant visa number has been approved (attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed...
b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children
c. I entered as a K-1 fiance(e) of a US citizen whom I married within 90 days of entry...
d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.
e. I am a native or citizen of Cuba admitted or paroled into the US after Jan 1, 1959...
f. I am the husband, wife or minor unmarried child of a Cuban described above in (e)....
g. I have continously resided in the US since before Jan 1, 1972
h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the US for 1 year...
None of the options apply to me below as I will be applying for employment based Green Card as I have a L1A visa (unless I'm not supposed to be filling out i-485?)
a. An immigrant petition giving me an immediately available immigrant visa number has been approved (attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed...
b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children
c. I entered as a K-1 fiance(e) of a US citizen whom I married within 90 days of entry...
d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.
e. I am a native or citizen of Cuba admitted or paroled into the US after Jan 1, 1959...
f. I am the husband, wife or minor unmarried child of a Cuban described above in (e)....
g. I have continously resided in the US since before Jan 1, 1972
h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the US for 1 year...
alterego
06-08 07:09 PM
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
2011 thunderbaybear
TexDBoy
09-10 01:20 PM
I just see the eagle ... it should have started already ...
more...
jit15k
07-04 09:45 PM
Ramba excellent analysis. One thing has to be red carefully from the July 2nd memo from USCIS says that all 2007 EB visas has been "allocated" which is diffrent from the word " Approved" and that is the 20K visas as per Ramba.
I completely agree that we should fight to recapture the visas that were lost in last 1 years.
I completely agree that we should fight to recapture the visas that were lost in last 1 years.
engineer
06-12 11:57 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
more...
seahawks
07-26 08:49 AM
are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez
2010 Bruins: 1. Predictable.
coolmanasip
03-07 09:41 AM
see the responses......
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
more...
virald
07-18 12:40 AM
This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?
I don't know, I am trying to figure that out too.
I don't know, I am trying to figure that out too.
hair The Berenstain Bears and the
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...
natrajs
07-07 09:54 PM
Today I have received my GC approval email. Dependants approval is awaited. I am in this country from Jan 2001. Good luck to all.
No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).
Congrats & Best Wishes
Finally the good news
No LUD till final approval. Last LUD on I-485 on August 2007 on finger print day. Last week I did call Nebraska by POJ method and speak with IO. She told me my file is off the shelf and in line for adjudication. I think EAD filing on June last week did the trick. (file taken from the USCIS's never ending shelf).
Congrats & Best Wishes
Finally the good news
hot Joe Bruin and Oski the Bear
swissgear
06-10 03:59 PM
sent...thanks
more...
house Jacob with his first ear.
yabadaba
07-13 05:13 AM
yep ..thats what shes done/trying to do..claim credit for her "hard hitting" letter.
tattoo Bruin the ear right next to
bheemi
07-02 07:03 AM
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
more...
pictures Bear by Boston Red Sox
delax
07-20 10:03 AM
Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???
You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.
You are correct. EB3 to EB2 conversions can impact the movement of dates - but there are a few factors working against that. Refiling labor and I-140 is an expensive affair and not everyone may be ready to shell out nearly $10k. Besides the time taken nowadays for labor and I-140 approval means that the conversion can happen only in about 12 to 18 months or so. The third variable is also the close scrutniy (read audit) that DOL is doing of EB2 labor applications. If people started conversions last year they should be good. But if someone plans to start it now, then I think it is a shot in the dark - however from an EB3 perspective, a shot in the dark may be better than no shot at all.
dresses Bruins moving on after Burrows
jonty_11
07-11 01:15 PM
again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)
more...
makeup beloved ruin mascot by
immique
07-01 04:22 PM
online petition is a very good idea. it is bound to gain increased attention as we make our views clear. having country quotas/limits in EB system does not make any sense. if not addressed quickly the people from retrogressed countries have to wait 15-20 years before they can ever see their green card while applicants from other countries get their green cards in a few months.
girlfriend giant TV screens with beer bottles and dancing atop overturned vehicles.
arihant
04-27 09:59 AM
Good find, Sat0207.
Where did you get the information?
Where did you get the information?
hairstyles Mess with the Bear,
rajkr
06-10 07:49 PM
First of all there is no mention of EADs in the Bill. So I do not understand why Pappu is highlighting this issue so much.
Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.
Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.
Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.
Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.
Grassley continues his war on H1B visas. When I see this Forum, I see a high degree of panic among the members here. Please UNDERSTAND VERY CLEARLY that this is only a proposal, not a law. To become a law it has to go through both the house and the senate.
Grassley and Saunders have both tried to do everything possible to eliminate the H1B program over the years. They haven't had much success. I don't see them having any success with this bill either. There are very powerful interests that will step up to oppose this legislation when and IF it is ever considered. Personally, I just don't see it ever getting serious consideration.
Saunders, while listed as an "independent", was nominated and elected as a Socialist. He simply doesn't like business.
Please also understand that when you say that if this Bill is passed then H1b, L1, EAD can not be renewed. Many seems to forget that GC is also subject to renewal process. So why do not you include GC also in the list. Please do not waste your times on ifs and buts type of things. Focus on what is happening and what is realistic. Support CIR and how it can be approved, but do not run after something that can never ever happen.
Guest007
12-12 05:11 PM
Nrc2008070886
paulavijit
03-17 09:08 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.