GCwaitforever
11-24 09:09 AM
Definitely this is one of the favors to ask the law makers in these days of retrogression. Let the I-140 and PD available to the worker and let the labor substitution go with the date of transfer to the new worker. This releases the stranglehold of the employers.
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ryan
08-21 03:31 PM
You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.
Jesus! Please, tone it down. She's come to this forum asking for help.
luvschocolates, most folks on this form are employment based immigrants i.e. have their application for green cards sponsored by multinational firms -- for which there's a due process. In your case, I'd say best, hire an immigration attorney ASAP. Most often they are well knowledgeable with ways of the USCIS. Good luck to you, and keep us posted.
Jesus! Please, tone it down. She's come to this forum asking for help.
luvschocolates, most folks on this form are employment based immigrants i.e. have their application for green cards sponsored by multinational firms -- for which there's a due process. In your case, I'd say best, hire an immigration attorney ASAP. Most often they are well knowledgeable with ways of the USCIS. Good luck to you, and keep us posted.
zuhail
03-29 07:29 PM
Hi,
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.
So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.
Thanks.
It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
I wrote to the IV team about 3 weeks ago and no response so far.
So if you are interested to personally take part in this effort,
please write to me at fermion_boson@ymail.com and we can do something about it.
I guess everybody have to start somewhere.
Thanks.
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anilsal
06-30 10:50 PM
It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.
Just go to the USPS website and locate an office that is open on Sun.
Just go to the USPS website and locate an office that is open on Sun.
more...
ajthakur
07-15 02:30 PM
I have been given a month to respond for this RFE. I dont have to provide any paystubs. Also the guy who told me that my 140 was revoked doesnt have first hand information. He is just an employee of the company. He is involved when company applies for H-1B's, 140's EAD, AP. He is never involved in revocation cases. I am trying to get a hold of the owner to see if I can get some facts about my 140.
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
I have no intention of doing any fraud. I will present a letter from my ex employer in case he hasnt revoked the 140. In case he did, I will send a letter from my current employer.
I plan to speak with a competent attorney once I know for sure the 140 revocation history.
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
makemygc
01-30 08:27 PM
Hello,
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
I've lot of friends whose spouses have transfered their visa from H4 to H1 successfully and doing good right now. I don't know a single one regretting their decision. Well, I agree with lot of horror stories here but do understand that there are decent companies as well who are straight forward and do not do things illegally. Do some research among your friends and well wishers and then take a decision. In forum like this, you will always find two side of the stories as everyone has their own agenda.
Best of Luck.
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.
I've lot of friends whose spouses have transfered their visa from H4 to H1 successfully and doing good right now. I don't know a single one regretting their decision. Well, I agree with lot of horror stories here but do understand that there are decent companies as well who are straight forward and do not do things illegally. Do some research among your friends and well wishers and then take a decision. In forum like this, you will always find two side of the stories as everyone has their own agenda.
Best of Luck.
more...
sunty
11-13 03:10 PM
A couple of documents about the
Immigrant Visa Allocation Management System (IVAMS)
This is the system that performs the analysis for the Visa demands/allocations etc...
http://www.state.gov/documents/organization/109134.pdf
http://www.state.gov/documents/organization/87963.pdf
Just on a side note, maybe to address the quarterly-spillover issue, this system needs to be updated/changed and since it will be "a decade long task" for the DOS to do it, we might not see the spillover for a while...:confused:..
Hope thats not the case though..
Immigrant Visa Allocation Management System (IVAMS)
This is the system that performs the analysis for the Visa demands/allocations etc...
http://www.state.gov/documents/organization/109134.pdf
http://www.state.gov/documents/organization/87963.pdf
Just on a side note, maybe to address the quarterly-spillover issue, this system needs to be updated/changed and since it will be "a decade long task" for the DOS to do it, we might not see the spillover for a while...:confused:..
Hope thats not the case though..
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aristotle
07-18 03:11 AM
Can all the July 2nd filers update this thread if
- you have your application rejected and returned.
OR
- you get a receipt number or have your check cashed.
Please login and subscribe to this thread.
- you have your application rejected and returned.
OR
- you get a receipt number or have your check cashed.
Please login and subscribe to this thread.
more...
nlssubbu
09-24 01:52 PM
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
PLease advise.
Thanks
I do not think that copies of DL is necessary. Please double check with your attoney before sending them.
I refered to USCIS website but did not find a mention of copies of DL.
PLease advise.
Thanks
I do not think that copies of DL is necessary. Please double check with your attoney before sending them.
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nixstor
03-18 05:40 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
more...
fromnaija
02-14 10:33 AM
I am also from ROW and I support IV's agenda of removal of country quotas among other things. If IV's agenda was only about removal of quotas, then I wouldn't be here too.
However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
However if IV was only about removal of country quotas and not other issues, then it is fair to say that I wouldn't be here.
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ashkam
07-24 10:06 AM
"a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you"
That's the offer letter.
That's the offer letter.
more...
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amsgc
03-16 04:51 PM
It is good to see a sensible post in a long time.
Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.
The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.
most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?
without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...
Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)
Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.
The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.
most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?
without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...
Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)
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diptam
06-30 07:24 PM
So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Good Job Diptam !!,
Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!
Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!
-vaishu
July bulletin is still C and no one can stop us from Mailing/ Posting !!
Good Job Diptam !!,
Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!
Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!
-vaishu
more...
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Jaime
09-13 10:06 AM
Come To Washington!! It's Now Or Never!!!
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chanduv23
03-17 10:08 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Chances are that the volume of Subsitutions and porting PD is massive in July , 2007. Almost every Tom, Dick and Harry filed for 485 at that time. News spread like wild fire about the availability of visas and lawyers and consulting companies wanted to do maximum utilization and maximum business. People applied substituted labors for their cousins, friends etc.... and got EAD and AP, May not be working for the sponsering employer.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Chances are that the volume of Subsitutions and porting PD is massive in July , 2007. Almost every Tom, Dick and Harry filed for 485 at that time. News spread like wild fire about the availability of visas and lawyers and consulting companies wanted to do maximum utilization and maximum business. People applied substituted labors for their cousins, friends etc.... and got EAD and AP, May not be working for the sponsering employer.
more...
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shiankuraaf
04-10 10:07 PM
Employment-based immigrants visa issued in last 10 Years from 1998 to 2007
----------------------------------------------------------------------------------------------------------
Year 1998----1999----2000-----2001------2002-----2003----2004-----2005-----2006-----2007
-----------------------------------------------------------------------------------------------------------
Quota 140,000-140,000-140,000--140,000--140,000--140,000-140,000--140,000--140,000--140,000
----------------------------------------------------------------------------------------------------------
Issued 77,413--56,678--106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
----------------------------------------------------------------------------------------------------------
Unused 62,587--83,322---33,358----------------------58,273-------------------------------------------------- 237,540
----------------------------------------------------------------------------------------------------------
Excess -------------------------------38,702---33,814------------15,330--106,877---19,,081--22,176 ----- 235,980
-----------------------------------------------------------------------------------------------------------
Note:
-------
The number of unused employment visa numbers from the previous fiscal year is computed by
determining the difference between 1) the worldwide level of employment-based visas established
for the previous fiscal year and 2) the number of employment-based visas actually issued during the
previous fiscal year.
Source for the statistics:
http://www.dhs.gov/ximgtn/statistics/publicatio...
----------------------------------------------------------------------------------------------------------
Year 1998----1999----2000-----2001------2002-----2003----2004-----2005-----2006-----2007
-----------------------------------------------------------------------------------------------------------
Quota 140,000-140,000-140,000--140,000--140,000--140,000-140,000--140,000--140,000--140,000
----------------------------------------------------------------------------------------------------------
Issued 77,413--56,678--106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
----------------------------------------------------------------------------------------------------------
Unused 62,587--83,322---33,358----------------------58,273-------------------------------------------------- 237,540
----------------------------------------------------------------------------------------------------------
Excess -------------------------------38,702---33,814------------15,330--106,877---19,,081--22,176 ----- 235,980
-----------------------------------------------------------------------------------------------------------
Note:
-------
The number of unused employment visa numbers from the previous fiscal year is computed by
determining the difference between 1) the worldwide level of employment-based visas established
for the previous fiscal year and 2) the number of employment-based visas actually issued during the
previous fiscal year.
Source for the statistics:
http://www.dhs.gov/ximgtn/statistics/publicatio...
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drirshad
07-01 09:08 AM
AILA attorney message confirmation:
Posted by alexberd (lawyer) 29 Jun 2007 1:18pm PST
Potential Retrogression - news from AILA:
On Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.
Alex Berd, Esq.
AILA Member
Berd & Klauss, PLLC
44 Wall Street
New York, NY 10005
Ph: (212) 380-1291
Fax: (212) 461-7153
Skype: alex.berd
Website: www.berdklauss.com
Posted by alexberd (lawyer) 29 Jun 2007 1:18pm PST
Potential Retrogression - news from AILA:
On Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.
Alex Berd, Esq.
AILA Member
Berd & Klauss, PLLC
44 Wall Street
New York, NY 10005
Ph: (212) 380-1291
Fax: (212) 461-7153
Skype: alex.berd
Website: www.berdklauss.com
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rajagram
02-12 07:36 AM
Hi
I am regular reader of immigration voice as well, I am also able to pick some people from Hotel and drop them back to Hotel on advocacy days.
I am regular reader of immigration voice as well, I am also able to pick some people from Hotel and drop them back to Hotel on advocacy days.
WeldonSprings
08-27 12:19 PM
OK, in that case add 20000 to 115964 (till Jun'08) out of 162704 for 2008, that becomes 135964 + July (2000) + August (7000)= 144000.
Still, I see 18000 left over.
There are few issues
You have missed 20k annual CP cases
The acceptance rate of I-485 application (big unknow) would change the number a lot.
July was a slow month but August was big mover so 11k visa is just too low for this period.
Still, I see 18000 left over.
There are few issues
You have missed 20k annual CP cases
The acceptance rate of I-485 application (big unknow) would change the number a lot.
July was a slow month but August was big mover so 11k visa is just too low for this period.
srkamath
07-13 12:34 PM
Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
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