Lasantha
07-05 10:45 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
go_guy123
08-18 12:51 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
ivar
01-21 04:23 PM
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
pointlesswait
03-31 11:30 PM
Dude,
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
more...
TheOmbudsman
09-01 11:42 PM
Yeahh.. Huuuuuraaay ! Have a good weekend all.
Amidst, all the ranting and raving about IV, its goals and silence of the core team in the recent threads, atleast this thread has some appreciation for the core team!
Kudos to the core team...and IV!!
-gc_mania_03
Amidst, all the ranting and raving about IV, its goals and silence of the core team in the recent threads, atleast this thread has some appreciation for the core team!
Kudos to the core team...and IV!!
-gc_mania_03
sanjay02
05-17 01:58 PM
http://news.yahoo.com/s/ap/20070517/ap_on_go_co/immigration_congress
WASHINGTON - Key senators in both parties and the White House announced agreement Thursday on an immigration overhaul that would grant quick legal status to millions of illegal immigrants already in the U.S. and fortify the border.
ADVERTISEMENT
The plan would create a temporary worker program to bring new arrivals to the U.S. A separate program would cover agricultural workers. New high-tech enforcement measures also would be instituted to verify that workers are here legally.
The compromise came after weeks of painstaking closed-door negotiations that brought the most liberal Democrats and the most conservative Republicans together with President Bush's Cabinet officers to produce a highly complex measure that carries heavy political consequences.
Bush hailed completion of the deal as a "historic moment," and said he looked forward to signing it into law, according to Homeland Security Secretary Michael Chertoff, who said he called the president to inform him of it.
"Politics is the art of the possible, and the agreement that we just reached is the best possible chance we will have in years to secure our borders and bring millions of people out of the shadows and into the sunshine of America," Kennedy said.
Anticipating criticism from conservatives, Sen. Arlen Specter (news, bio, voting record), R-Pa., said, "It is not amnesty. This will restore the rule of law."
The accord sets the stage for what promises to be a bruising battle next week in the Senate on one of Bush's top non-war priorities. The president has said he wants to sign an immigration bill by summer's end.
The key breakthrough came when negotiators struck a bargain on a so-called "point system" that would for the first time prioritize immigrants' education and skill level over family connections in deciding how to award green cards.
The draft bill "gives a path out of the shadows and toward legal status for those who are currently here" illegally, said Sen. Dianne Feinstein (news, bio, voting record), D-Calif.
The immigration issue also divides both parties in the House, which isn't expected to act unless the Senate passes a bill first.
The proposed agreement would allow illegal immigrants to come forward and obtain a "Z visa" and � after paying fees and a $5,000 fine � ultimately get on track for permanent residency, which could take between eight and 13 years. Heads of household would have to return to their home countries first.
They could come forward right away to claim a probationary card that would let them live and work legally in the U.S., but could not begin the path to permanent residency or citizenship until border security improvements and the high-tech worker identification program were completed.
A new temporary guest worker program would also have to wait until those so-called "triggers" had been activated.
Those workers would have to return home after work stints of two years, with little opportunity to gain permanent legal status or ever become U.S. citizens. They could renew their guest worker visas twice, but would be required to leave for a year in between each time.
Democrats had pressed instead for guest workers to be permitted to stay and work indefinitely in the U.S.
In perhaps the most hotly debated change, the proposed plan would shift from an immigration system primarily weighted toward family ties toward one with preferences for people with advanced degrees and sophisticated skills. Republicans have long sought such revisions, which they say are needed to end "chain migration" that harms the economy, while some Democrats and liberal groups say it's an unfair system that rips families apart.
Family connections alone would no longer be enough to qualify for a green card � except for spouses and minor children of U.S. citizens.
New limits would apply to U.S. citizens seeking to bring foreign-born parents into the country.
WASHINGTON - Key senators in both parties and the White House announced agreement Thursday on an immigration overhaul that would grant quick legal status to millions of illegal immigrants already in the U.S. and fortify the border.
ADVERTISEMENT
The plan would create a temporary worker program to bring new arrivals to the U.S. A separate program would cover agricultural workers. New high-tech enforcement measures also would be instituted to verify that workers are here legally.
The compromise came after weeks of painstaking closed-door negotiations that brought the most liberal Democrats and the most conservative Republicans together with President Bush's Cabinet officers to produce a highly complex measure that carries heavy political consequences.
Bush hailed completion of the deal as a "historic moment," and said he looked forward to signing it into law, according to Homeland Security Secretary Michael Chertoff, who said he called the president to inform him of it.
"Politics is the art of the possible, and the agreement that we just reached is the best possible chance we will have in years to secure our borders and bring millions of people out of the shadows and into the sunshine of America," Kennedy said.
Anticipating criticism from conservatives, Sen. Arlen Specter (news, bio, voting record), R-Pa., said, "It is not amnesty. This will restore the rule of law."
The accord sets the stage for what promises to be a bruising battle next week in the Senate on one of Bush's top non-war priorities. The president has said he wants to sign an immigration bill by summer's end.
The key breakthrough came when negotiators struck a bargain on a so-called "point system" that would for the first time prioritize immigrants' education and skill level over family connections in deciding how to award green cards.
The draft bill "gives a path out of the shadows and toward legal status for those who are currently here" illegally, said Sen. Dianne Feinstein (news, bio, voting record), D-Calif.
The immigration issue also divides both parties in the House, which isn't expected to act unless the Senate passes a bill first.
The proposed agreement would allow illegal immigrants to come forward and obtain a "Z visa" and � after paying fees and a $5,000 fine � ultimately get on track for permanent residency, which could take between eight and 13 years. Heads of household would have to return to their home countries first.
They could come forward right away to claim a probationary card that would let them live and work legally in the U.S., but could not begin the path to permanent residency or citizenship until border security improvements and the high-tech worker identification program were completed.
A new temporary guest worker program would also have to wait until those so-called "triggers" had been activated.
Those workers would have to return home after work stints of two years, with little opportunity to gain permanent legal status or ever become U.S. citizens. They could renew their guest worker visas twice, but would be required to leave for a year in between each time.
Democrats had pressed instead for guest workers to be permitted to stay and work indefinitely in the U.S.
In perhaps the most hotly debated change, the proposed plan would shift from an immigration system primarily weighted toward family ties toward one with preferences for people with advanced degrees and sophisticated skills. Republicans have long sought such revisions, which they say are needed to end "chain migration" that harms the economy, while some Democrats and liberal groups say it's an unfair system that rips families apart.
Family connections alone would no longer be enough to qualify for a green card � except for spouses and minor children of U.S. citizens.
New limits would apply to U.S. citizens seeking to bring foreign-born parents into the country.
more...
akhilmahajan
07-13 07:22 AM
Also invited 15 other friends to do the same.
GCwaitforever
05-28 09:28 AM
According to USCIS, finger prints expire within 15 months. So if you received an EAD after filing for I-485, technically USCIS should not ask for your fingerprints during the 1-year EAD renewal. For the second EAD renewal, it is valid.
Asking for FP during e-filing is a process inefficiency for USCIS and unnecessarily delays the application adjudication. For some reason, USCIS is not able to identify that you still have valid finger prints filed last year during the e-filing. Please raise this issue with Ombudsman.
Asking for FP during e-filing is a process inefficiency for USCIS and unnecessarily delays the application adjudication. For some reason, USCIS is not able to identify that you still have valid finger prints filed last year during the e-filing. Please raise this issue with Ombudsman.
more...
amslonewolf
10-01 12:19 PM
Where did everyone get the 10 days estimate from??
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
santb1975
11-21 02:31 PM
to every around here
more...
l8A
10-05 10:28 AM
H4 visa could be expired but was she having a valid I-94? I-94 is the one which validates her stay, if she had a valid I-94 then it should not be an issue...
How do I know the expiration of I-94? Does it say it on the I-94??
How do I know the expiration of I-94? Does it say it on the I-94??
billu
05-03 07:11 AM
You can write a balance-transfer-cheque to your own name (which you can deposit to your checkings account) of amount upto your credit limit on that credit card.
I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.
thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.
I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.
thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.
more...
Berkeleybee
03-27 02:36 PM
Our Hard Quota Memo (in our Resources section) is now posted on the widely read Bender's Immigration Bulletin http://bibdaily.com/index.cgi
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
rpat1968
09-10 11:47 AM
MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
more...
letstalklc
05-31 09:09 PM
Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.
I would advice you better check in advance as soon as you have job confirmation
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.
I would advice you better check in advance as soon as you have job confirmation
h1techSlave
07-15 10:39 AM
The reason for these kinds of unreasonable RFEs is simple - Improving the US economy; one RFE at a time.
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
more...
sayantan76
09-24 11:39 AM
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
"WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!
All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
"WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!
All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters
GCard_Dream
01-04 04:02 PM
On the homepage, just click on "Forum". At the end of that page you'll be able to see all the details.
Is there a place the membership number is shown?
Is there a place the membership number is shown?
vin13
01-08 03:35 PM
I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies
krishna_brc
06-20 01:21 PM
yes, Even if you used your AP to travel back to US, you can come back and file an H1 extension.
Thank you very much.
Thank you very much.
waitingnwaiting
01-26 11:48 AM
Just wake me up when you guys get your answers. You should post on this thread.
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
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