BharatPremi
09-25 02:16 PM
Guys,
If I may suggest.
Take a look at the pending 1-130 (Pref). Over 800k are pending and adjudication has been deferred in those cases. Those are FB cases for sure. Now if USCIS has deferred action in those cases, can we infer that all the 279k I-485 cases relate only to EB? Cant say for sure.
However as it was pointed out in another forum, Texas and Nebraska process only EB cases. In their cases, the rate of preadjudication is very high....over 90% in Texas. I cant fathom the Nebraska numbers.
The preadjudication numbers, in my opinion, are of the EB cases. The data, on the whole, needs to be explained by USCIS, better.
You have just hit a stick on my head. Very good point to take into consideration.
If I may suggest.
Take a look at the pending 1-130 (Pref). Over 800k are pending and adjudication has been deferred in those cases. Those are FB cases for sure. Now if USCIS has deferred action in those cases, can we infer that all the 279k I-485 cases relate only to EB? Cant say for sure.
However as it was pointed out in another forum, Texas and Nebraska process only EB cases. In their cases, the rate of preadjudication is very high....over 90% in Texas. I cant fathom the Nebraska numbers.
The preadjudication numbers, in my opinion, are of the EB cases. The data, on the whole, needs to be explained by USCIS, better.
You have just hit a stick on my head. Very good point to take into consideration.
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ski_dude12
08-13 01:37 PM
Well, here we have someone who is summing up his GC journey after it is over, I doubt he had the intention to entertain someone with his writeup.
If you are bored then maybe you should go out for a walk or watch a comedy movie.
Congrats.. its bit boring to ready through your story though..
If you are bored then maybe you should go out for a walk or watch a comedy movie.
Congrats.. its bit boring to ready through your story though..
jamesbond007
11-04 10:14 AM
Admin: If you like you may please close this thread.
Final update on this issue.
Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.
In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.
Thank You and Good Bye!
Happy Porting !
I think multiple labors has multiple faces:
1. Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
2. Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
3. Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.
If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.
But I do not think a government agency can risk getting caught doing that. Their motive has to be to build standards that can be applied equally to all applicants across the board. They should be able to catch issues with any application, not just of those who are doing multiple LCAs.
Final update on this issue.
Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.
In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.
Thank You and Good Bye!
Happy Porting !
I think multiple labors has multiple faces:
1. Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
2. Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
3. Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.
If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.
But I do not think a government agency can risk getting caught doing that. Their motive has to be to build standards that can be applied equally to all applicants across the board. They should be able to catch issues with any application, not just of those who are doing multiple LCAs.
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Alabaman
04-24 05:10 PM
"Provide safeguards for visa holders so they know their rights under the law. This would include wage rates and access to benefits."
What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.
What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.
more...
sai
01-20 08:27 AM
Legal Immigration Campaign
Minnesota Govenor Pawlenty announced a campaign to increase legal immigration saying "While we are cracking down on illegal immigration, we still want to encourage legal immigration because we are a country of immigrants." For details on Gov. Pawlenty's seven point plan,
http://www.ilw.com/immigdaily/#comment
http://www.twincities.com/mld/twincities/news/state/minnesota/13614107.htm
Minnesota Govenor Pawlenty announced a campaign to increase legal immigration saying "While we are cracking down on illegal immigration, we still want to encourage legal immigration because we are a country of immigrants." For details on Gov. Pawlenty's seven point plan,
http://www.ilw.com/immigdaily/#comment
http://www.twincities.com/mld/twincities/news/state/minnesota/13614107.htm
PlainSpeak
03-29 11:45 AM
It may not have any impact on EB3 this year...but once the EB2 is cleared it will have an impact on EB3; may be in a year or two.
Not sure i agree with that statement. The way the spillover trickle is reaching EB2 there is no way EB2 will become current for atleast 5 years so impact on EB3 within a year or two is a incorrect statement
Not sure i agree with that statement. The way the spillover trickle is reaching EB2 there is no way EB2 will become current for atleast 5 years so impact on EB3 within a year or two is a incorrect statement
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chanduv23
11-06 05:10 PM
Sorry to hear that. Hope that will not effect your I-485 application processing.
For me, I have not seen any status change to my 140. After a series of LUDs to both 485 and 140 at last today I see my 485 status has changed. It says RFE sent. Good that I have not received any NOID or Denial. This is the best case scenario that I was hoping for. I have yet to receive the RFE to see the actual cause. But hoping this is due to 140 withdrawal. I thank the IO who is working on my case as he/she is quite knowledgeable and issued a RFE not NOID or denial.
So people please keep sending letters.
Well this is what I understand - difference between RFE and NOID
If it is an RFE - you can withdraw your 485 petition and apply for a new 485 petition (if you are current) and that is not possible in NOID. So if you are retrogressed - it is almost the same.
Also remember that technically both are same - some IOs update status message to "Request sent ..." some do not. When I got to know something happened to my 140 and 485 I called customer service and they explained that "We have sent letter requesting information, so please do not panic" when I received the letter it was NOID.
Good luck, atleast you got a good IO.
Lets keep sending letters until we stop seeing denials and start seeing posts like this
For me, I have not seen any status change to my 140. After a series of LUDs to both 485 and 140 at last today I see my 485 status has changed. It says RFE sent. Good that I have not received any NOID or Denial. This is the best case scenario that I was hoping for. I have yet to receive the RFE to see the actual cause. But hoping this is due to 140 withdrawal. I thank the IO who is working on my case as he/she is quite knowledgeable and issued a RFE not NOID or denial.
So people please keep sending letters.
Well this is what I understand - difference between RFE and NOID
If it is an RFE - you can withdraw your 485 petition and apply for a new 485 petition (if you are current) and that is not possible in NOID. So if you are retrogressed - it is almost the same.
Also remember that technically both are same - some IOs update status message to "Request sent ..." some do not. When I got to know something happened to my 140 and 485 I called customer service and they explained that "We have sent letter requesting information, so please do not panic" when I received the letter it was NOID.
Good luck, atleast you got a good IO.
Lets keep sending letters until we stop seeing denials and start seeing posts like this
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hibhagya
06-25 03:22 PM
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be nice.
Thanks
Call IRS they will send your return in a week though they say it takes 3 weeks to recieve your return.
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be nice.
Thanks
Call IRS they will send your return in a week though they say it takes 3 weeks to recieve your return.
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kewlchap
10-15 09:55 PM
I also spoke to Terry at NSC once. She is very nice and will try to tell you as many details as possible.
@ Alterego: Dude, when the responses you are getting are basically "under review, wait 90 days", it is much nicer to know details like storage area, exam area, and where your file is.
@ Alterego: Dude, when the responses you are getting are basically "under review, wait 90 days", it is much nicer to know details like storage area, exam area, and where your file is.
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CADude
10-11 04:05 PM
Wakeup guys/gals, work for FIFO otherwise your wait will be 2 days to 100 days on RIRO process.
Please participate in tomorrow teleconference with CIS Ombudsman’s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
Please participate in tomorrow teleconference with CIS Ombudsman’s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
more...
syzygy
06-29 09:06 PM
This is very serious now, We all better be prepared to screw USCIS if it messes this time.
I like this part ...
I like this part ...
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xyz2009
08-19 10:41 AM
Anybody who was in India and got greened during that time. I want to understand how it played out upon entering US then? Can somebody reply back here with such an experience. Where to go ? Visa queue or Permanent Residents queue. Show them visa or adv parole or email print out which says welcome to new permanent resident. What happens then? they stamp the passport or allow you to enter under what status?
I want to understand this please. My wife is coming to US on Sat and we got greened yesterday. I want to inform her. My attorney does not know but he says yes she will be allowed to come in for sure and it will be an odd entry. Any experiences please advise.
Thanks a lot
I want to understand this please. My wife is coming to US on Sat and we got greened yesterday. I want to inform her. My attorney does not know but he says yes she will be allowed to come in for sure and it will be an odd entry. Any experiences please advise.
Thanks a lot
more...
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nrk
09-13 01:07 PM
You are right on the approval notice sent - cards sent
1. It took me 5 working days to receive the cards. (3rd status changed to card production ordered and on 11th the cards are in my mail box)
nrk, how long did it take after the status got updated to "Approval Notice Sent" to the cards received by you? I am assuming that "Approval Notice Sent" on 485 is actually mailing the cards out to the applicant. ( That is what happens on 765 (EAD) application all the time).
1. It took me 5 working days to receive the cards. (3rd status changed to card production ordered and on 11th the cards are in my mail box)
nrk, how long did it take after the status got updated to "Approval Notice Sent" to the cards received by you? I am assuming that "Approval Notice Sent" on 485 is actually mailing the cards out to the applicant. ( That is what happens on 765 (EAD) application all the time).
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lotsofspace
01-26 08:51 PM
Its not true, plenty of non-white countries do not require a visa unlike India which has the worst visa policies in the world. Obviously most countries require a visa from Indians because India does the same needlessly. Its time the Indian govt revisited these primitive and ill conceived rules.
Do you think Russia and Japan have liberal visa requirements ?
Do you think Russia and Japan have liberal visa requirements ?
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gcgreen
08-07 02:50 PM
See, that's the reason I think the lawsuit idea has issues. I suspect the lawsuit may end up making life difficult for a lot of genuine cases without actually achieving what you set out to achieve.
But I have no data one way or the other.
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
But I have no data one way or the other.
The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
So guess who are the people who are most benefitted by this...
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trueguy
08-21 12:22 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
more...
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eb_retrogession
02-18 08:36 PM
US Immigration Policy On The Table At The WTO
By Sarah Anderson
Immigration Daily, February 15, 2006
http://www.ilw.com/articles/2006,0215-anderson.shtm
By Sarah Anderson
Immigration Daily, February 15, 2006
http://www.ilw.com/articles/2006,0215-anderson.shtm
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11-16 02:26 PM
bump-make it stay on top
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jags_e
07-09 08:03 PM
Sending flowers is a nice way of showing protest.
Gandhi's methods are aimed at changing the heart of adversaries by doing good to them.
So, a blood donation drive is also a worthy next step to this.
But we also should make sure that the news is spread to common people too.
Gandhi's methods are aimed at changing the heart of adversaries by doing good to them.
So, a blood donation drive is also a worthy next step to this.
But we also should make sure that the news is spread to common people too.
alterego
03-26 05:08 AM
I am not aware of anything that says that you need to bring this up initially in your job search. I personally wouldn't put it in my CV.
Apply for a job, as you would if you had a green card (keeping within the AC21 parameters.) If the question of visa sponsorship comes up then you can say you do not need it. I am not sure why people bring this up with their prospective employers. If you have employment authorisation, you have it, it is not employer specific, it is not site specific, it is quite broad in its scope. The employer
has to complete the I-9 like for anyone else. Any issues would be with the USCIS at the time of adjudication and that would be if AC21 rules are broken.
I think that sometimes we project our own fears onto employers and make issues when none exist. I've seen the same sort of doubts expressed about AP travel.
Folks need to grow more confident generally. For many their immigrant petitions 140s have been approved and their 485s have been pending for quite a while. They give you these interim benefits for a reason, so you can use them!
Apply for a job, as you would if you had a green card (keeping within the AC21 parameters.) If the question of visa sponsorship comes up then you can say you do not need it. I am not sure why people bring this up with their prospective employers. If you have employment authorisation, you have it, it is not employer specific, it is not site specific, it is quite broad in its scope. The employer
has to complete the I-9 like for anyone else. Any issues would be with the USCIS at the time of adjudication and that would be if AC21 rules are broken.
I think that sometimes we project our own fears onto employers and make issues when none exist. I've seen the same sort of doubts expressed about AP travel.
Folks need to grow more confident generally. For many their immigrant petitions 140s have been approved and their 485s have been pending for quite a while. They give you these interim benefits for a reason, so you can use them!
vnandster
08-20 01:07 PM
The plan comes out to $33.6* inclusive of taxes in lake county IL which translates to $400/year
Not good for a low volume India caller for me. I have ooma @$200 and I don't spend $200/year calling India. I use the 3.29c/min access number calling card (not the cheapest of all) and aided with all the promotions (Diwali, Independence day etc.), I manage to stay below $200/year mark.
Not good for a low volume India caller for me. I have ooma @$200 and I don't spend $200/year calling India. I use the 3.29c/min access number calling card (not the cheapest of all) and aided with all the promotions (Diwali, Independence day etc.), I manage to stay below $200/year mark.
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