canleo98
11-22 02:24 AM
I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!
Here is your lifeline :D :) :
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
Here is your lifeline :D :) :
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
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cool_guy_onnet1
02-21 10:31 AM
From ,
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
1. In Fy08, there were 189 EB2 India approvals.
2. Assume annual quota for Eb2 India is X (Correct me if i'm wrong but i think this equates to 2800?)
3. So 189 approvals = 2800 actual approvals. A ratio of 6.75%.
Upto Dec31, 03, there are still about 330 or so pending Eb2 India cases. Using the 6.75% representation, it would mean that there are about 4900 Eb2 India cases pending.
NOT EVERYONE REGISTERS AT THESE POS SITES. lol
C'mon be realistic.
ajay
03-23 10:58 PM
Labor Filed Sept 2004
Labor Got Dec 2005
I140 Premium Processing Feb 2006
I485 Aug 17 2007
Eid Filed Dec 2007 and Got it in Feb 2008
Labor Got Dec 2005
I140 Premium Processing Feb 2006
I485 Aug 17 2007
Eid Filed Dec 2007 and Got it in Feb 2008
2011 GREY SUIT BLUE SHIRT PINK TIE
nojoke
09-17 08:28 PM
Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(
more...
vijayassr
02-23 02:24 AM
Hi,
Have a question on my visa.
I applied for H1 visa with company A, when I am in US in Apr'08 with
L1 thats getting expired, due to emergency I went to India.
I got h1 approval notice with COS on July'23 2008.
My Indian company B asked to get fresh L1 , so I took a stamping on
Aug'20 2008 and came to US on L1
changed company A with H1 visa . (company A did not do any COS again, since they say H1 is already with COS).
Want to know if my H1 is valid do I need to do any other things to
tell USCIS that I am on H1 NOW. Can I do stamping at Mexico/Cuba.
If there is any problem above how to come out of it.
Have a question on my visa.
I applied for H1 visa with company A, when I am in US in Apr'08 with
L1 thats getting expired, due to emergency I went to India.
I got h1 approval notice with COS on July'23 2008.
My Indian company B asked to get fresh L1 , so I took a stamping on
Aug'20 2008 and came to US on L1
changed company A with H1 visa . (company A did not do any COS again, since they say H1 is already with COS).
Want to know if my H1 is valid do I need to do any other things to
tell USCIS that I am on H1 NOW. Can I do stamping at Mexico/Cuba.
If there is any problem above how to come out of it.
k3GC
11-11 01:01 PM
I think this letter looks good, let us send it. There is no hassle in doing that.
Questions
1. Do we all need to send a copy? Is this like a campaign we are doing?
2. Do we need to send this as IV? Is that possible? Who should we talk to about that?
3. Has somebody sent such letters before the the DOS Visa Office etc. and got anything - may be they can shed some light. I know of folks who have done the the 7001 form DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm). I dont think this falls under that.
My 2 cents is - this is not a campaign, we are asking for a formal answer / clarification and if we can send this as from IV may be we will get an answer.
Questions
1. Do we all need to send a copy? Is this like a campaign we are doing?
2. Do we need to send this as IV? Is that possible? Who should we talk to about that?
3. Has somebody sent such letters before the the DOS Visa Office etc. and got anything - may be they can shed some light. I know of folks who have done the the 7001 form DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm). I dont think this falls under that.
My 2 cents is - this is not a campaign, we are asking for a formal answer / clarification and if we can send this as from IV may be we will get an answer.
more...
nixstor
07-05 02:33 PM
I found the forum by chance and didn't realize there was more to this website until a while after I signed up. On second thought look at my sign up date, I think I'll just let you old timers battle this one out.
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
2010 Feb white shirt
cshen
06-12 06:28 AM
We are not out of the CIR woods yet.
Link:
http://news.yahoo.com/s/ap/20070612/ap_on_go_pr_wh/bush_immigration
Link:
http://news.yahoo.com/s/ap/20070612/ap_on_go_pr_wh/bush_immigration
more...
reddymjm
09-10 06:12 AM
IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
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bheemi123
10-03 01:25 PM
Hi friends,
Please advise me on this situation.
I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.
Thanks.
u can be in L1 status..just go out of the contry and come back in L1b status..u r status will be autoamtically be L1 again...however u have to remember that u r h1b will be wasted...my friend did same thing last week..
Please advise me on this situation.
I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.
Thanks.
u can be in L1 status..just go out of the contry and come back in L1b status..u r status will be autoamtically be L1 again...however u have to remember that u r h1b will be wasted...my friend did same thing last week..
more...
dvb123
02-03 10:03 AM
I cannot post the company name here because it maybe a copyright issue. A consulting company advertises ROW guys/gals to join their company .It tells a story about a ROW guy who worked in a fortune 500 company for 5 years but they did not file a green card for him. He joined SAGA and got his green card immediately and the whole process from PERM - GC card took less than 9 months.
I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.
Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.
I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.
Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.
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StarSun
02-02 08:28 AM
Members who have pledged airline miles or stay in the registration form, please use this thread.
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rexjamla
03-07 08:49 AM
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
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gc_on_demand
03-30 03:29 PM
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
Sri1309
illegals are pushing for what ? Didn't you read CIR will be later this year not in April or May ? Any piecemeal immi bill will not make through committe , as CHC wants CIR 2009. We can do add amendment for recapture in CIR 2009 or just 2-3 months before when actul movement for CIR starts. You can send faxes or letters to Lawmakers but no bill will be on table so they will just put ur faxes on side .. wouldn't it better to start aggressive campaign when something is cooking.
Sri1309
illegals are pushing for what ? Didn't you read CIR will be later this year not in April or May ? Any piecemeal immi bill will not make through committe , as CHC wants CIR 2009. We can do add amendment for recapture in CIR 2009 or just 2-3 months before when actul movement for CIR starts. You can send faxes or letters to Lawmakers but no bill will be on table so they will just put ur faxes on side .. wouldn't it better to start aggressive campaign when something is cooking.
more...
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joydiptac
02-19 02:22 PM
Guys, this looks good. It is NOT for illegal aliens. Paragraphs (c) and (d) state that the alien must be admissible as an immigrant (i.e. not have broken the law by being an illegal), read paragraph (d) here:
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!
"(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status."
Read the "or other law enforcement actions that would render the alien ineligible for adjustment of status under this section"....so, anyone who broke the law by entering the country illegally would NOT be eligible.
So, stop sending those letters opposing this bill, and instead let's support it!!
Totally agree with you. All opposed are not getting the point that they do not stand to loose either way. Hope they come to their senses. Anyhow if nothing happens they will be waiting way more than 5 years. This can only reduce the backlogs. Think with a clear mind. You might have a fast car but you can't go fast if the freeway is clogged. THink!
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chmur
09-11 03:04 PM
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
more...
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unitednations
12-22 02:34 PM
this is our history...
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
1.was working with employer B in June 07(when PD was current for EB2/Oct 2003-India)...went to attorney to file 485 with approved 140 thru ex employer A. filled in all the paperwork for 485,but the attorney was asking for a current employment letter from B with exact skills mentioned on labor and the employer B was not ready to give such a letter and hence we planned to find a new employer and file for 485 in July.
2. In June end found this new current employer C and planned to file 485 in July and all the fiasco scene happened...anyway...in August we filed the 485 with a current employer letter from C with all the skills matching the labor..till here fine.
NOW...we got a copy of the bunch of 48 documents sent to INS from the atnys office...I had given the latest 325a form
current employer C : July 07 - current
employer B : Jan 2006 - June 2007
employer A : June 2003 - Dec 2005 (who filed for labor/i140)
the shitty paralegal now submitted the 325a from submitted in June 07 where the current employer B was the latest.... + the current employment letter of C + 485 employment offer letter from A
She had whitened out the date on the 325a form signed on June 07 and changed it to Aug 07 to my utter shock....
when I call back..she says we will handle any RFE's...
quite worried as the 325a form already says something like 'all info disclosed is truthful'... etc and the fine print..
pls post your thoughts and comments..
hope I dint confuse
Pretty confusing situation. Don't know why you even put in an experience letter from a company which doesn't have anything to do with the petition.
I am aware of a couple of cases where uscis did deny on such issues (g-325a not matching up with h-1b approvals, etc.). However, affidavits and such to say it was an honest mistake took care of the issue.
You might be able to appreciate this story:
I worked on an ability to pay case for a company in ohio. Person got approved and was then waiting for 485 approval.
He contacts me many months later and tells me that he got this rfe. The jest of the rfe was:
You claim to have never filed a 485 adjustment of status application. However; our search of records show that you filed a 485 on xxx date in xx office as a marriage base applicant. It appears that you are not eligible for a waiver of the interview requirement for adjustment of status.
Now; i truly believe that his current wife (from india) never knew about this marriage (his family and friends didn't know either). he tried to blame it on his lawyer that they never asked him and they just defaulted that he never filed for a 485. Pretty weak excuse. However; they responded to the 485 that everything was in such a rush to file the 485 that he didn't have a chance to look it all over and it was an honest mistake. He didn't get called for an interview and they approved his case.
Now; if the record of his marriage base application had shown that he was caught in fraudulent marriage; he never got divorced and re-married or there was something that went wrong with his earlier case then it may have been a different story. However; since nothing was wrong with that application; the officer let him off the hook because it was an honest mistake.
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stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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vamsi_poondla
02-13 11:02 PM
USCIS did not form any new rule to create divide and rule. If we are divided that is because we are thinking of ourselves as ultimate judges of all events and think that our opinion is right.
gc_chahiye
12-21 12:54 AM
He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.
unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...
the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.
unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...
the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.
kumarc123
07-18 03:48 PM
I complied the list from visa stastistics website
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
example 2007 numbers from
http://www.travel.state.gov/pdf/FY07AnnualReportTableVp2.pdf
2006 numbers from
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
Hey Man,
This was quiet good information, thanks for all your efforts in finding and compiling them together.
Take Care
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
example 2007 numbers from
http://www.travel.state.gov/pdf/FY07AnnualReportTableVp2.pdf
2006 numbers from
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
Hey Man,
This was quiet good information, thanks for all your efforts in finding and compiling them together.
Take Care