prioritydate
09-20 10:06 AM
Now they are saying "Smartness" is a relative term.:)
Heeeee... I know what you mean.
Heeeee... I know what you mean.
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mheggade
07-14 12:00 PM
EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
vdlrao,
Can you tell us , Which Crystal ball are you looking in to ?
Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.
Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
This EB2 movement of 2 and half years is just a first step by DOS.
vdlrao,
Can you tell us , Which Crystal ball are you looking in to ?
karthkc
07-14 06:27 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
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hsm2007
10-11 11:56 AM
Guys,
After responding to the RFE last week, I have been seeing continous LUDs on my 485. They were on 10/8, 10/9 and today on columbus day 10/11. There was also one when they registered my RFE response on 10/6.
And to add to that I received a FP notice for both spouse and myself but the date isn't until after 3 weeks. Can I get the FP done early? I don't want them to sit on my application for another 3 weeks just because they are waiting for my FP.
After responding to the RFE last week, I have been seeing continous LUDs on my 485. They were on 10/8, 10/9 and today on columbus day 10/11. There was also one when they registered my RFE response on 10/6.
And to add to that I received a FP notice for both spouse and myself but the date isn't until after 3 weeks. Can I get the FP done early? I don't want them to sit on my application for another 3 weeks just because they are waiting for my FP.
more...
meimmi
03-10 04:25 PM
Yes, for e-file you need to send the supporting docs by mail. In my case, I sent the copy of I-485 ASC biometrics notice which has mention of the receipt # and A # as proof of my AOS pending, copy of I-94, copy of the e-filing confirmation (Printout). You do not need to send photo as that will be taken during fingerprinting. The separate fingerprint is needed for e-file only. They take print of 1 finger. If you send your EAD papers with I-485, the 485 fingerprnt covers all I think. I do not think we need to go for fingerprint again for EAD renewal, though with USCIS that may be possible. ;)
StarSun
02-07 12:47 PM
IV calls for a couple of volunteers to collect the miles and purchase tickets to confirmed participants. Please contact me.
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kedrex
07-18 08:02 PM
bump it up - this is way too important!
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ca_immigrant
08-10 07:09 PM
are we there yet ??
are we there yet ??
are we there yet ??
:p
are we there yet ??
are we there yet ??
:p
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arunmohan
07-02 12:37 PM
I will give my full support. Even I will ask my all colleague and my boss to sign it.
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little_willy
10-15 06:14 PM
Nixtor - In the poll question you talk about providing your receipt number but I don't see any mentions about that in the document. Do you expect us to include our receipt # with this request. Please clarify.
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hopefulgc
10-15 04:35 PM
^^
This is exactly what we need. Let us get going on this people.
Nixstor, a suggestion ... maybe add a poll to this so we can track how many have sent this letter.
IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Megaupload (http://www.megaupload.com/?d=ERDT5F3P) or Google docs (http://docs.google.com/View?docid=ddkc5z3x_1f5nvp5gm) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and mail it
This is exactly what we need. Let us get going on this people.
Nixstor, a suggestion ... maybe add a poll to this so we can track how many have sent this letter.
IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Megaupload (http://www.megaupload.com/?d=ERDT5F3P) or Google docs (http://docs.google.com/View?docid=ddkc5z3x_1f5nvp5gm) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and mail it
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desi3933
03-17 07:36 AM
Hello Desi,
.....
......
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Country EB1 EB2 EB3
India 6672 10124 2306
China 4999 3046 1027
S Korea 2311 4991 4001
Philippines 524 1853 5540
Mexico 2010 922 3745
All visa numbers allocated to South Korea are against EB visa numbers.
_________________
Not a legal advice.
.....
......
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Country EB1 EB2 EB3
India 6672 10124 2306
China 4999 3046 1027
S Korea 2311 4991 4001
Philippines 524 1853 5540
Mexico 2010 922 3745
All visa numbers allocated to South Korea are against EB visa numbers.
_________________
Not a legal advice.
more...
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grinch
03-10 07:31 PM
... OMG...
I'm so pissed at myself. I didn't have time to add anything I wanted, and now my volley looks like crap. But eh, I'm a newb so oh well. I'm gonna keep working on it and posting it in D&D.
http://img.photobucket.com/albums/v403/grinchvader/final.jpg
I'm so pissed at myself. I didn't have time to add anything I wanted, and now my volley looks like crap. But eh, I'm a newb so oh well. I'm gonna keep working on it and posting it in D&D.
http://img.photobucket.com/albums/v403/grinchvader/final.jpg
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pd_recapturing
01-17 10:30 AM
I read your story (every line and every word) and portray my self in that but few small changes.
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
I thought, Slumdog was able to save his job !!
Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...
but I would certainly pray for you to get a job ASAP. I know the pain.
I thought, Slumdog was able to save his job !!
more...
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Abhinaym
07-03 10:26 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
Hey DN, look this whole point about "countries to dominate the EB system" is totally frivolous. Please try to understand 2 points (I say please again):
1. Cards don't go out to countries, they are given to individuals, whose background, education, motivation, employability, circumstances are completely different from another individual from the same country. From your profile it seems you are Canadian, does it make any sense to say that you shouldn't be given a GC, because a whole bunch of Canandians got a GC in the past? Why should there be a relation between country and employability here? (After all the GC is for employability in the long run)
2. Just because another of my countrymen got a GC doesn't make any difference to me or my employer! They don't subsidize me, they don't feed me, they don't pay my bills, they don't work for my employer/clients. Again, my employer wants to keep me employed beyond my H1 date, how and why should it matter to the employer/client/economy that heaps of Indians got their GCs?
Buddy, I'm different, I'm a very unique individual - so are you, and so is everyone in this forum. I bring a diversity in skillset which is why my employer hires me, not because of my ethnicity or country of origin.
Basically that's what should matter to the economy, a diversity in skillset not in race or national origin. And who's best at deciding that other than the employer?! Besides, the EB GC system is designed to strengthen the workforce and not about doing favors to countries, right?
Hey DN, look this whole point about "countries to dominate the EB system" is totally frivolous. Please try to understand 2 points (I say please again):
1. Cards don't go out to countries, they are given to individuals, whose background, education, motivation, employability, circumstances are completely different from another individual from the same country. From your profile it seems you are Canadian, does it make any sense to say that you shouldn't be given a GC, because a whole bunch of Canandians got a GC in the past? Why should there be a relation between country and employability here? (After all the GC is for employability in the long run)
2. Just because another of my countrymen got a GC doesn't make any difference to me or my employer! They don't subsidize me, they don't feed me, they don't pay my bills, they don't work for my employer/clients. Again, my employer wants to keep me employed beyond my H1 date, how and why should it matter to the employer/client/economy that heaps of Indians got their GCs?
Buddy, I'm different, I'm a very unique individual - so are you, and so is everyone in this forum. I bring a diversity in skillset which is why my employer hires me, not because of my ethnicity or country of origin.
Basically that's what should matter to the economy, a diversity in skillset not in race or national origin. And who's best at deciding that other than the employer?! Besides, the EB GC system is designed to strengthen the workforce and not about doing favors to countries, right?
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jaocanada
06-10 08:29 PM
Sent.
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sc3
10-16 01:49 PM
yesterday some one left a red saying "go and sleep in your bedroom or something like that" :D,
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
First: Disabuse yourself of the notion that Gandhigiri had anything to do with the backtrack of the July 07 fiasco. There were other more pressing (and effective) organizations that helped reverse the situation.
Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
(which I find hilarious..because I don't exactly sleep on my couch :D:D)
then some left a green saying "nullifying red".
folks, I didn't leave a red for anyone (who cares abt them anyways)...don't assume immediately that I reacted.
giving either reds or greens will not impact anyone's gc process..or change their PDs!
Like itsnotfunny says, if you agree/disagree say it so. gave itsnotfunny a green to nullify the red.
let me reiterate though, that I am completely opposed to flower campaign because once bitten, twice shy.
USCIS has lot of autonomy and there is every likely of a repeat i.e july 07 part 2 as a reaction to gandhigiri part 2
instead focus on other avenues, there is an excellent thread on FOIA in addition to the other avenues
First: Disabuse yourself of the notion that Gandhigiri had anything to do with the backtrack of the July 07 fiasco. There were other more pressing (and effective) organizations that helped reverse the situation.
Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
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pitha
06-12 02:37 PM
house is 100 times more conservative than senate (does not matter if it is democratic controlled house and republican controlled house). If you think house is going to give us EB immigrants a break then you are completely off base. For every kyl, durbin and Kennedy in senate you will have three times more kyl, durbin and Kennedy in the house. House will take the senate bill and make some adjustments to it and not modifications. This bill cannot be repaired by amendments it is fundamentally flawed for us.whatever passes from the senate is the final bill, house will either reject it or rubber stamp it.
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
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senthil1
12-20 04:28 PM
You may be considered as out of status but your situation is much better than Visa overstay. If they send RFE then you may have to give proper reason. There are many people who are not getting paid in Bench but rarely green card was denied. Atleast I did not hear anyone green card was denied because of not receiving any pay.
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
Folks, I didn't worked for an year(2001) due to, you know what I am saying....
Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(
amitgeorge
03-13 11:17 PM
by far the best battle i have seen in recent times
great work
great work
leoindiano
02-18 08:25 PM
I dont think it will be passed. They included so many things initially. After discussion they will drop the thing one after another.
There are two sections related to us.
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
TITLE VII--EMPLOYMENT-BASED IMMIGRATION
If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.
Agree,
this is such a waste if it passes. I am sure there will be another application like (I-420). Another Q you will have to stand in and wait...wait...wait...
There are two sections related to us.
TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
TITLE VII--EMPLOYMENT-BASED IMMIGRATION
If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.
Agree,
this is such a waste if it passes. I am sure there will be another application like (I-420). Another Q you will have to stand in and wait...wait...wait...