ss1026
08-06 08:58 AM
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
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GTGC
03-24 04:16 PM
Awesome job Mark...thanks for explaining our plight in a nutshell and educating people about living conditions around the world :o
Scythe
11-27 05:09 PM
I guess my button was too simple after all.
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kumargn
11-15 08:24 PM
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
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ragz4u
03-15 11:39 AM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.
As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.
What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Unfotunately thats not the way the US political system works! Just as we are trying to get pro-immigrant stuff in, there are others who are trying to negate our force and in fact get any pro immigrant stuff out! Example, numbersusa.
As I have said in my previous post, we are trying to push for the pro-immigrant package at every step. It could happen now, it could happen later, in the worst case it might not happen at all! There are a lot of forces involved in this.
What is in our control is to keep trying and not give up till the very end. And make no mistake, we are doing that every second coz we are in the same boat as you are.
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Aah_GC
06-19 07:51 PM
If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
more...
GCFever007
07-19 10:04 AM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
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gcseeker2002
02-20 03:16 PM
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
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bigboy007
12-10 02:51 PM
My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue? + what is the issue of 140 porting if we are not informing USCIS about AC21 so how are we porting 140 ? is it automatically?
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hello
11-29 01:52 PM
Source The OH law firm
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
Any news on this?Will they give EAD?
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
Any news on this?Will they give EAD?
more...
DesiGuy
08-17 10:01 AM
hi guys,
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
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NolaIndian32
09-22 10:30 AM
I completely empathize with you - see my case details in signature :-(
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
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pappu
08-08 03:59 PM
IV is organizing nationwide calls for its members that are taking part in the August 2009 action item. These calls will be providing our strategy and tips to everyone for the upcoming congressional visits. It is very important for everyone taking part in the action item to attend these calls.
==================================
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
==========================
Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.
Thanks
Team IV
==================================
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
==========================
Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.
Thanks
Team IV
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serg
04-06 11:01 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
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Lisap
02-25 02:50 PM
It says Nebraska is working on July 2007 does that mean they are that much ahead of Texas or are those numbers incorrect as well?
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pappu
02-15 08:22 PM
ivuser very good ideas. I was waiting for others to respond to your post whole day to help with the tasks but nobody responded to even join you in a conference call. We get lot of people everyday on the forum, email and sometimes on the phone asking us to do xyz but very few actually volunteer to take it up upon themselves to execute their ideas.
Let us discuss these ideas offline. Thanks again for your interest.
Let us discuss these ideas offline. Thanks again for your interest.
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ksrk
09-16 05:52 PM
Managed to call 10 on the list (including all representating state of residence). Will call more as soon as the next meeting gets over at work.
General response has been non-committal. Most aides/members of Congressperson's office couldn't/wouldn't share Congressperson's position on the bill. Sounds like a touchy issue for them.
Well, we'll keep calling till they recognize we mean business.
Go IV!!!
General response has been non-committal. Most aides/members of Congressperson's office couldn't/wouldn't share Congressperson's position on the bill. Sounds like a touchy issue for them.
Well, we'll keep calling till they recognize we mean business.
Go IV!!!
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prem_goel
01-29 11:02 AM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
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alien2006
06-13 01:44 PM
My guess is you will be current in September 2006, may be October latest. But keep your fingers crossed. Logic does not apply too well with these things.
ssnd03
07-12 06:44 PM
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.
Retrogression is due to more demand than supply and country quotas.
But yearly unused visas are due to FBI background check delay.
There is a clear difference.
Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.
Retrogression is due to more demand than supply and country quotas.
But yearly unused visas are due to FBI background check delay.
There is a clear difference.
Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
ruchigup
08-22 04:16 PM
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Yes my employer is supportive with respect to not revoking I-140.
Yes my employer is supportive with respect to not revoking I-140.
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