sheela
07-11 08:29 AM
Yes, you're right, for you it's really great news ! Congratulations !!!
Rita
Thanks, Rita:
You got us this nice news. EB2 was stuck at april 04 for long. We saw this speculative forward move. It is going to stay in 2006 for a while as fewer LC were issued in 05 I donot see it retrogressed in next fiscal year
Rita
Thanks, Rita:
You got us this nice news. EB2 was stuck at april 04 for long. We saw this speculative forward move. It is going to stay in 2006 for a while as fewer LC were issued in 05 I donot see it retrogressed in next fiscal year
PD_Dec2002
06-01 03:46 PM
THIS IS VALID ONLY IF THE CIR BILL BECOMES A LAW IN ITS CURRENT FORM....
From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.
LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.
Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.
Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.
Hope this clears things.
Thanks,
Jayant
From what I know (largely due to the posts on these forums), if your I-140 was not filed by May 15th 2007, you will have to reapply for your GC in the new system.
LC or I-485 is not relevant here. The cutoff date is determined by your I-140 filing date.
Also, between May 15th 2007 and October 1st 2008 (likely), no new I-140s can be applied. Thus, it would make no sense to apply for a LC either. USCIS will only process backlogged I-485 cases and issue green cards.
Finally, it is really unfair for them to set this cutoff date retroactively. But it is legal for them to do this. Can't sue them for it.
Hope this clears things.
Thanks,
Jayant
fuzzy logic
07-18 03:32 PM
Hi everyone!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.
USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.
Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.
I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.
Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!
vjkypally
09-10 03:48 PM
Fedup is an understatement. Zero accountability. After moving dates to 2006 now dates go back to 2003????????? Last year it started with date being at Apr 2004 and this year starts with Apr 2003????? This is beyond ridiculous!!!aaaaaaarrrghhhhhhhhhh.
P.S Its wrong to tell that guys with MS are getting their GC's before others. I have one and so do many others I know. There is no order guys...........
P.S Its wrong to tell that guys with MS are getting their GC's before others. I have one and so do many others I know. There is no order guys...........
more...
engineer
06-03 01:57 AM
IV Core,
What is IV's position on ammendents for people who have filed PERM only and have not filed I-140 yet.
There shall be an ammendement which allows these people to keep using old system(EB) to get their green card.
It is totally un-fair to null and void their application and get them into new point based systems and force them to face long delays.
Please let us know.
thanks,
engineer
What is IV's position on ammendents for people who have filed PERM only and have not filed I-140 yet.
There shall be an ammendement which allows these people to keep using old system(EB) to get their green card.
It is totally un-fair to null and void their application and get them into new point based systems and force them to face long delays.
Please let us know.
thanks,
engineer
minimalist
08-13 04:06 PM
This is truly sad. And I agree with WillWin that we need to do something. IV core has time and again stressed that they will not do anything for a certain EB group. I understand their stance. But every other EB group is getting help from somewhere. For EB3-I, forget getting help, we are actually losing every day forward.
I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?
Best of luck to you all.
EB3 can only be helped when every one else is done.The way the preference categories are setup is that and the numerous cases from 2001 amnesty flooded the EB3 queue causing the retrogression. I don't suppose there can be any thing done to help EB3 specifically. We are at the bottom of the pile. If we have to be helped to get up, every one on top needs to be helped first.
Unless the visa recapture happens, there is no hope. Folks with 2001/2002 PD , keep your spirits up. You are almost there.
All others, if you can try EB2 porting, that's the way to go.
---
EB3-I , May 2006
Contributed 100$
I have lost hopes now, after reading this today. This may as well be my final post to IV. I will keep my recurring payment to IV going on. Hopefully it will help my EB2 friends get their GC and help those people (refer to the Indian friends voting for lawsuit against EB3 to EB2 porting) who want to further turn the screws on EB3-I. How much can you beat a man (or a group) that is already battered?
Best of luck to you all.
EB3 can only be helped when every one else is done.The way the preference categories are setup is that and the numerous cases from 2001 amnesty flooded the EB3 queue causing the retrogression. I don't suppose there can be any thing done to help EB3 specifically. We are at the bottom of the pile. If we have to be helped to get up, every one on top needs to be helped first.
Unless the visa recapture happens, there is no hope. Folks with 2001/2002 PD , keep your spirits up. You are almost there.
All others, if you can try EB2 porting, that's the way to go.
---
EB3-I , May 2006
Contributed 100$
more...
lonedesi
08-07 09:21 AM
Please leave a comment on this thread, after you have mailed the letter & Form. It will motivate others to do the same. If you really want some justice, stand up and get counted by participating in this campaign. Else, Julu-Aug 07 filers, will keep waiting and will have to go through frustrating and agonizing wait for an uncertain period.
rajeev_74
04-25 05:27 PM
1) Can somebody explain what the CORE objective of asking the UCSIS/DOL
to change the Priority date from the date of application of Labor to date of filing H1B is?
2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
to change the Priority date from the date of application of Labor to date of filing H1B is?
2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
more...
sanprabhu
07-23 11:59 AM
Along with thank yous to Chertoff, Lofgren and Gonzalez, I sent an additional thank you to Sen Cornyn. I urge all of you to do the same too.
His Address is:
517 Hart Senate Office Bldg.
Washington, DC 20510
His Address is:
517 Hart Senate Office Bldg.
Washington, DC 20510
amitjoey
07-13 04:45 PM
Please add little personal details, Post it with a stamp, no need for certified copy. Add your name, address and contact no, in a letter format. so you can get a response.
more...
rockstart
06-25 08:25 AM
This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.
sandy_77
06-24 03:17 PM
I suggest that you write at least two articles. First one should focus on our problems and costs involved at each stage for the current 5-7 years waiting period. A lot of guys out there against immigration do not currently know exactly how tuff it is these days to get a visa and come to US. Just imagine if somebody came to US on a student loan and was not able to get a job because of these visa problems as has started to happen over the last couple of years, how much financial burden he will have and how long it will take him to pay off these loans. explain how visa applicants are harassed buy the consulates, USCIS/DHS/DOS, lawyers, employers just because they can. Had everyone who came to US to study or work on his/her own merit been given a green card like visa as and when they wanted it, he/she would not be exploited, they would compete with any american citizen for a better pay (taking away the argument from the anti-immigrants that we are displacing the citizens by being underpaid). This I think would have taken away the argument that we are over populating the US or that we are immigrants for ever (not assimilating in the mainstream) because then we would be part of the mainstream and those who do not want to live in US forever (a significant number of people...leading to reduced immigration) could go back when they wanted. Look for all the problems we have to face on a day-to-day basis and ask whether we are asking more than some basic human rights and are we wrong in asking for these rights. Isn't it also one form of injustice when we are paying for medicare/social security without getting any benefits? Isn't it injustice when we cannot progress in our careers when we are stuck in this endless and ever increasing GC delays? Isn't it injustice when we are equated with the illegal immigrants? Isn't it injustice when we are asked to renew our status by paying ever increasing fees and endless documentation when there is no need unless one has left the country on his own and wishes to return? Does the country really need skilled immigrants and if it does why can't it allow them to live with some basic human rights and dignity. By denying the new immigrants these rights, dignity is the US promoting new-age slavery and forcing even the legal immigrants into shadows and back alleys of the society? Explore why some legal immigrants have to resort to illegal status (school going kids, family life, friends...age at which they migrate changes their social circle) when they cannot stay in status by legal means.
Once you have explored and educated your article readers about our situation, they will have a better understanding of what we are requesting the US govt is lot illegitimate and may even encourage some illegal immigrants into going the legal way.
Once you have explored and educated your article readers about our situation, they will have a better understanding of what we are requesting the US govt is lot illegitimate and may even encourage some illegal immigrants into going the legal way.
more...
skillet
06-26 04:27 PM
Hello,
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
My labor got approved today
Category: EB2
PD : Feb 5th, 2007
Wish you all the best for everyone
pt326bc
10-01 12:26 PM
Last week I went to Trenton with H1 extension receipt (original), letter from employer, but in vain. They need approved docs. Luckily this week I got the H1 extended and today I carried the original approved H1 I-797A and got the DL extended. I got only 2 years H1/DL extension after 6 year completion with I-140 approved and 485 in progress. Fyi
Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
Regards.
Why 2 years and not 3 years when USCIS regulations allow for 3 year extension if I 140 is approved and PD is not current? Did you specifically request 2 years?
Regards.
more...
kshitijnt
06-26 01:27 AM
Some one has got a problem with me calling USCIS and Congress as bloody morons in above post. Funny people, really.
Kodi
07-12 02:49 PM
Did anyone here get their PERM LC approved from Atlanta recently? They seem to have started processing.
more...
jaihind
07-20 02:28 PM
Dear ALL and CORE
Please remove such hypothetical - fear mongering threads. PLease friends do your jobs - support IV efforts - and all will be fine.
If this person spends the time to send the Thank You notes to the people concerend that will be better.
Jaihind !!
Please remove such hypothetical - fear mongering threads. PLease friends do your jobs - support IV efforts - and all will be fine.
If this person spends the time to send the Thank You notes to the people concerend that will be better.
Jaihind !!
ashutrip
06-21 01:16 PM
Link to post at IV (http://immigrationvoice.org/forum/showpost.php?p=86268&postcount=5)
http://www.youtube.com/watch?v=TCbFEgFajGU
http://www.youtube.com/watch?v=TCbFEgFajGU
smuggymba
08-12 01:08 PM
The impact to companies like Infy etc is ~5-10MM
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
This new law:
1.) won't stop Infy, TCS from operating in USA
2.) Won't create jobs for americans
3.) Won't increase the competitiveness of american employees
4.) Will increase offshoring
5.) Will make a small dent in the profits of Indian companies but they likely will cut down on expenses/bonuseses/initiatives
If someone look at their last year Balance sheet, They spent appx 16MM on visas, now assuming H1 cost came to ~10MM (these companies do lot of business elsewhere )
that would translate to ~ 2500 filings (including extn, new etc)
this additional $2000 would result in additional $5MM cost if they decide to continue filing 2500
This would not be too huge to make a dent on these companies. yes they may increase their billing to client by $2-5
So who is ultimately paying it is the American companies who use offshoring companies.
This new law:
1.) won't stop Infy, TCS from operating in USA
2.) Won't create jobs for americans
3.) Won't increase the competitiveness of american employees
4.) Will increase offshoring
5.) Will make a small dent in the profits of Indian companies but they likely will cut down on expenses/bonuseses/initiatives
desi485
11-20 06:01 PM
Hmmmm - but all these top Attorneys are professional - I mean - why would they tell you just the opposite for getting money through h1b transfers - I don't believe it.
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
I did seek paid professional councel from Attorneys and thats how I was convinced that h1b is safer.
Like say - of a h1b extension/transfer is successful - then the h1b is typically delinked from what is happening to 485 or 140. As per my understanding a pending 140 or a pending labor is the basis for h1b extensions and they are not coupled whereas an EAD is coupled with 485 and the denial hits the EAD straight because of its direct association.
Folks correct me if I am wrong
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
raybarrone
08-18 11:25 AM
What address is used by USCIS to send the notice and FP? The receipt # are sent to the lawyer and the applicant I guess. Is the FP notice also sent to the lawyer and applicant?What address is used by USCIS to send the FP? Is it the address we provide in 485,765 AND 131?
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