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Friday, June 24, 2011

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  • Tito_ortiz
    12-11 03:42 PM
    Good news lately hasn't been good news. Bad news may turn out to be good news.

    Perhaps we may see things streamlined after this event ? Cheer up. Happy Christmas everyone ! Let's celebrate with happiness in our heart, no matter the outcome of this insane immigration process.

    :mad: 12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)

    According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable!

    http://www.immigration-law.com/





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  • meridiani.planum
    01-18 01:38 PM
    whoa

    I did not know it can be that bad

    r u working in the USA now?

    :confused:

    yes I am working in the bay area.
    Back in 2001/2002/2003 I have seen many friends having to return to India (from the bay area) because they could not get another job. All the desi consulting companies that everyone bashes so often? they are the saviours. They are typically the only ones who hire in those times. All the big companies will have hiring freeze's and massive layoffs.

    Its already started in the US (Sprint:4k, Lehman Bros 1300, Motorola 7500+1600, applied-materials 1000) but this is the mere tip of the iceberg.
    Its starting from the financial sector:
    http://news.google.com/news?q=%22cut+jobs%22&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230&um=1&sa=N&tab=in
    but will probably spread all over.

    The real mess will start in Q3 (thats when we'll know if we are really sunk or some last minute stimulus is goign to keep this recession short and quick). Most probably this time its going to take much longer than 2001/2002 to recover. Back then the dollar was strong, there was a huge fiscal surplus and inflation was not a risk. This time none of those things are there and stimulating the economy is going to take much much longer. Also, to an extent in 2001/2002 it was only tech that imploded. The rest of the economy (& consumers by extension who are the main drivers of the economy) was ok. This time its widespread, consumers across the board are hit.

    The July VB was a huge blessing in disguise for lots and lots of people who will be able to maintain status even if they are jobless for a few months. Back in 2001/2002/2003 the option was to be out-of-status of return home. Many chose the latter. This time they can atleast get a job offer from a desi consulting company and keep looking for some consulting gig.





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  • latina
    04-10 11:17 AM
    I only have something to say, everyone is looking for its own turf, and if you really want diversity in the forum, the hard count will not attract anyone else other than Indians and Chinese. I am few months from working due to EB2- Worlwide category (current), so any change on the hard count is not on my benefit, same for anyone who is not from India or China, the EB3 is not current worlwide but the line of all the other countries is still shorter, if you really want to reach more than Indians and Chinese the goal has to be good for everyone, and the hard count is not. Thanks.

    The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.

    What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).

    1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit

    2) With the hard quota, this 10K now goes to UNSKILLED immigrants.

    This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!

    Can I be any clearer?





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  • rajesh_kamisetty
    04-20 10:26 PM
    How about that?



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  • JunRN
    09-18 12:39 AM
    Recent USCIS Processing Update shows analysis above is correct:

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    EAD : June 15, 2007
    EAD USCIS NSC: June 14, 2007





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  • gc_aspire
    05-24 12:54 PM
    Done! Good Job IV Core Team...



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  • Buran
    08-15 10:59 AM
    Just e-file. There will be not confusion with the amount to pay.





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  • raju123
    07-05 10:07 AM
    What does it mean????
    Did they pre-approve and assigned visa number to certain application as on July 1 and going to send approval notice later???? If they haven't approved cases and assign visa number before July 2, how come they process and approve pending application after July 2?????

    This is terrible mess!!!!

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.

    Reversal Frustrates
    Green-Card Applicants
    By MIRIAM JORDAN
    July 5, 2007; Page A2

    The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.

    Write to Miriam Jordan at miriam.jordan@wsj.com



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  • JunRN
    09-18 02:44 AM
    From Receipt Date. However, due to surge of application in July, there might be some delay this time and NSC may not meet the 90 days processing target.





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  • manhasam
    02-23 05:43 PM
    i applied for EAD on Dec 21st, got card ordered for production email on Jan 21, and got the card via USPS 2 days ago. My PD is just few months away from May 2006 (EB2), but I still got 2 years validity (on the EAD card).

    I cannot possibly imagine the fact that PD wont move even a few months when spillover begins.

    Jai Hind

    I similarly applied online on Dec 20th and haven't heard anything at all. I applied online and the documents were sent to the Neb office. Can you please share your details on I765 extension filing?



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  • meridiani.planum
    04-22 03:00 AM
    I applied for my H1B 9th year extension using I-140 substitution in 10th March 2008. My 8th year H1B was expired on 14th April 2008. Currently my 9th year H1B extension was is in pending status. Unfortunately my I-140 was denied on 18th April 2008 due to 4 years Bachelors degree.

    I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn�t use it.


    Now how can I get my 9th year extension?
    Can I appeal for I-140 and get 9th year H1B extension?

    Could you please give me your valuable suggestions on this?

    Thanks,
    Naga

    yes, you cna appeal the decision and get another years extension. Better file another LC in PERM asap for next years extension in case the appeal also is denied





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  • kaisersose
    08-24 11:02 AM
    My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?

    Not simply because she applied for her SSN.

    The EAD kicks in, once her employer fills out her I-9 using her EAD as permission to work inside the US. If she holds multiple jobs, then entering EAD into one I-9 will mean she has to ensure that she has all her I-9s from all employers updated to the EAD.

    At this point, the H-1b is no longer used, but does not get cancelled (unless the employer revokes it). It just goes dormant and can be revived again by filing an extension. Another way is to go out of the country and return using the H-1b visa.



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  • athanga
    12-14 02:07 PM
    a recapture helps everone by moving the line forward and making dates current. there is also a parallel effort on to bring changes like 485 filing without PD being current. so no one ie being left behind or ignored. these efforts will help all of us affected by retrogression and stuck in different stages.

    If IV can help this (apply for I-485 without having current PD) proceed in anyway, I would be so happy. I got married 2 years ago, my wife is a finance professional, an employer in US applied a H1b for her, ended up getting rejected in the lottery.

    I had just (during the open I485 time frame) then switched employers and my employer filed for labor which never got cleared in time (actually still isnt cleared - random Audit).

    So my wife and me are shuttling between India and US to even meet each other.

    Have been in US for 9 (with 2 masters and 5 years working) years now, still no way of finding a visa for my wife to work.

    I work for one of the big Biotech guys and kind of like my job, otherwise working in India along with the wife looks very intriguing





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  • uumapathi
    10-07 10:05 AM
    I agree with FaniMiBanana. I do not think any reason one can come up with in any desperate situation is "legitimate" enough to take ones own life in my opinion. Time cures everything. One has to stay positive and focused in desperate situations.



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  • ajm
    04-13 09:25 PM
    Another helpful "negative feedback" is the trend of GC applicants stuck in the system moving out of the US. Understandably, most immigrant are reluctant to take this tough step but the trend is here and it grows like a snowball.


    Excellent point!

    Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.





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    07-13 12:52 PM
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  • smsthss
    11-19 01:34 PM
    It takes about 2 weeks get the RFE. It contains 2+ pages, first page is cover letter and second page+ will contain RFE details. NSC is know to issuing RFE on ability to pay, education (if 3 years degree) and detailed professional experience letters.
    I have a 4 yrs BE (ECE) degree. so am not sure what could be the RFE. Do we also have to submit education evaluation for a 4 yr BE degree from Ind?





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  • snathan
    06-17 08:31 PM
    I dont understand, why in the world some one wants to take responsiblity if the client is not paying. As long as you submit your time sheet in time, you are done. Why one should take responsibility to collect and legal fees...come on..give me a break





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  • nixstor
    01-25 06:30 PM
    3 options

    1) file H1 on Apr 1st and if H4 is not approved by then withdraw pending H4

    2) file H1 on Apr 1st before the current H4 expires and hope that H4 is approved before H1. H1 should be approved after H4 to have the H1 status. If H4 is approved later, H1 status will be lost

    3) Request PP of extension and 99.9% of time 539 is approved along with 129.

    I will add more info as I find.
    HTH





    bugmenot
    06-14 05:23 PM
    Are the amendments related to EB relief or visa quota in?

    dont know if they'll consider cantwell/cornyn or come up with a substitute one





    immivjj
    09-26 02:42 PM
    Thank you gemini123 for the quick reply. I'm in Texas and have to get it renewed in Houston. I was talking to a broker who would get it done in about 10 days as I'm planning to travel to India next month.
    He asked me to send the original pasport along with the I-94. That didn't seem right to me.
    Should we also send a I-485 receipt copy?
    Also, I have a expired visa in my passport but my H-1B is valid till May 2008. I'm planning to travel to India through Amsterdam and use my approved AP for reentering US. Would I need a tranist visa if I'm just chaging planes at the airport? Thanks!



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