gc28262
03-03 06:01 PM
Why are we just looking for 3 year EAD. We need GC !
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mps
06-20 03:05 PM
Got GC for me and for my wife.
It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.
Here are the dates:
I received the card order production mail on 9 June 2008.
Received the welcome letter on 13th June.2008
Received the Card on 16th June.
PD: June 2001 - EB2- India
I 484 applied on 28 th June 2007 - NSC.
Finger print on Aug 26 th. 2007- NSC.
Sep 26 Got EAD. 2007 - NSC.
Original Labor - Sep 2002, Approved in 2006
Labor substitution on May 1st week. 2007 - NSC.
140 approved on May 2nd week. 2007
Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
I have not sent AC21 letter.
No LUD after finger print.
GC Card received- 16 June 2008, me and spouse.
Thanks,
Congratulations !! you are a free man now !
It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.
Here are the dates:
I received the card order production mail on 9 June 2008.
Received the welcome letter on 13th June.2008
Received the Card on 16th June.
PD: June 2001 - EB2- India
I 484 applied on 28 th June 2007 - NSC.
Finger print on Aug 26 th. 2007- NSC.
Sep 26 Got EAD. 2007 - NSC.
Original Labor - Sep 2002, Approved in 2006
Labor substitution on May 1st week. 2007 - NSC.
140 approved on May 2nd week. 2007
Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
I have not sent AC21 letter.
No LUD after finger print.
GC Card received- 16 June 2008, me and spouse.
Thanks,
Congratulations !! you are a free man now !
dummgelauft
08-21 08:31 PM
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
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bigboy007
06-11 11:11 AM
See below what Anti Immigrants are doing. Each and everyone visits this site should sign what IV have given the link
The following makes no sense it is utter non-sense.
COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS
Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill
Dear Colleague:
Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.
With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.
Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.
At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.
Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.
The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.
The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.
If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.
Sincerely
Called up my friends, forwarded to dozens of my friends and asked them to forward.
The following makes no sense it is utter non-sense.
COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS
Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill
Dear Colleague:
Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.
With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.
Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.
At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.
Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.
The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.
The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.
If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.
Sincerely
Called up my friends, forwarded to dozens of my friends and asked them to forward.
more...
vin13
02-03 06:40 PM
I just watched an advertisement from americanworker.org on CNN
It is a negative campaign on legal foreign workers taking away american jobs. The website also has the commercial that was aired on CNN today.
Just an FYI
It is a negative campaign on legal foreign workers taking away american jobs. The website also has the commercial that was aired on CNN today.
Just an FYI
webm
09-26 10:12 AM
I sent a message to editor!!!
more...
tooclose
07-12 06:52 PM
Hi,
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?
Gurus post your thoughts...
Can you point me to the source of the above? The reason why I ask this is because my priority date falls between March 01 and 07....So near, yet so far!
Thanks,
Same boat, my PD is 3-Mar-2006. Are there any chances that the Sep visa bulletin would atleast move by a month ?
Gurus post your thoughts...
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abd
09-23 03:24 PM
We had CEO of HR sign it. Here is general format.
1. BACKGROUND of Company
2. description and requirement for the position
3. AC21 compatibility explaination - 180 days etc, Job description comparision with PERM
4. Conclusion and offer for employment with salary details.
I must say in my case the salary i had in original perm was way(40%) more than i am getting on my current job due to location change and economy etc. But it seems salary didn't matter.
1. BACKGROUND of Company
2. description and requirement for the position
3. AC21 compatibility explaination - 180 days etc, Job description comparision with PERM
4. Conclusion and offer for employment with salary details.
I must say in my case the salary i had in original perm was way(40%) more than i am getting on my current job due to location change and economy etc. But it seems salary didn't matter.
more...
sandiboy
07-24 01:22 AM
is she using her own FAQ? USCIS FAQ has different question at Q9.
Yes this is the lawyer's own FAQ i was referring to.
Yes this is the lawyer's own FAQ i was referring to.
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alterego
07-04 08:31 PM
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS’s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
more...
svr_76
06-10 01:24 PM
xactly. so the immi grps impacted are H1 and recent/new I-140 filers.
In the past pure H1B holder (no intension to adjust or working for firms that dont sponser GC) were not actively participating in IV's activities as they were never impacted and had the option to stay away.
This new rule-making definitely impact them..and should be an opportunity to join IV in more active way.
In the past pure H1B holder (no intension to adjust or working for firms that dont sponser GC) were not actively participating in IV's activities as they were never impacted and had the option to stay away.
This new rule-making definitely impact them..and should be an opportunity to join IV in more active way.
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rbms
11-01 01:27 AM
Nrc2008063622
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luvschocolates
08-21 08:06 PM
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
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desi3933
02-03 07:15 AM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
Submit job offer letter indicating job title and salary for the GC job. The letter must also mention that this job is permanant.
____________________
Not a legal advice.
US Citizen of Indian Origin
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khushig
09-05 02:07 PM
I along with many more are graduating every year and filing for there OPT. Few students are lucky, as they are able to find corporate employers (not desi's) who would sponsor H1. But for others, time is the constraint so they have to find alternatives. Hence for most OPT students the option is to look for desi employers.
I feel the problem that employers (small to midsize) are not educated about H1 B process. If this happens most of the problems will be solved. But for now with so many students graduating every semester, the only option is to go through desi employers, which in a way is not a bad idea (when you think long term).
There are many sites that provide valuable information.
www.desiopt.com is one of the many sites that helps students in this matter.
www.Sulekha.com also provides information on some good companies.
I feel the problem that employers (small to midsize) are not educated about H1 B process. If this happens most of the problems will be solved. But for now with so many students graduating every semester, the only option is to go through desi employers, which in a way is not a bad idea (when you think long term).
There are many sites that provide valuable information.
www.desiopt.com is one of the many sites that helps students in this matter.
www.Sulekha.com also provides information on some good companies.
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ak_2006
06-10 12:36 PM
Thanks Pappu to bring this to every notice of IV Community. It looks like they want to send every body out except citizens or GC holders.
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div_bell_2003
01-20 02:53 PM
Buying a house is treated more as an investment (so you are told by the mortgage brokers) and like any investment it has its ups and downs. The OP probably wanted to get into this down market to get a house at a far lower price that what it used to be 10 months back ( similar to buying stocks now if you want to play long ). I really don't see a point lambasting OP for that choice, it's an individual decision.
However, I also do believe that one has to weigh in their options before they plan to make an investment. If you are expecting a kid and your wife is planning on taking time off work to raise the kid, it's probably not a good idea to get such a huge loan on one's back since it's a well known fact, it's going to take some time before anyone see any +ve value on their house prices. It's also imperative in this market to have a decent cash reserve , in case there is no dual income to cover for expenses in case of a job loss. If someone didn't do it, no use crying now !
However, I also do believe that one has to weigh in their options before they plan to make an investment. If you are expecting a kid and your wife is planning on taking time off work to raise the kid, it's probably not a good idea to get such a huge loan on one's back since it's a well known fact, it's going to take some time before anyone see any +ve value on their house prices. It's also imperative in this market to have a decent cash reserve , in case there is no dual income to cover for expenses in case of a job loss. If someone didn't do it, no use crying now !
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vkrishn
07-16 11:32 AM
Don't know about his company...but the attorney definitely must be quite rich with all the legal charges :D
Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.
My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.
Its all about investing in the employee and has worked so far. ROI to the company is huge if the employee is taken care of (atleast on immigration issues). Employee can just concentrate on getting the job done and making sure the best products come out of the door on time to the end user making the company profitable.
My take: Money they spend on immigration issues (Law Firm, Renewals) should be peanuts to the profit the company makes.
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GCKaMaara
03-12 10:59 AM
It doesn't make sense on either side:
1. IV is not going to change its policy of hiding information. If you are comfortable with the approach then contribute otherwise don't.
2. Shouting and bashing here on website will gain nothing.
Do something creative. I think the basic problem is not hiding information. Basic problem is that as a non-profit organization, we don't have elections. We as a group have no rights to choose who is core. But thats how it is.
1. IV is not going to change its policy of hiding information. If you are comfortable with the approach then contribute otherwise don't.
2. Shouting and bashing here on website will gain nothing.
Do something creative. I think the basic problem is not hiding information. Basic problem is that as a non-profit organization, we don't have elections. We as a group have no rights to choose who is core. But thats how it is.
pappu
07-23 09:08 PM
Employment Letter is Required. I would even go to the extent of emphasising to put original letter instead of a photocopy. Do not take chances. The application can be rejected/RFE can be issued in the absece of initial evidence. Read the new memo and educate yourself rather then blindly believing members or lawyers. Ignorance of law is not an excuse if you were to challenge a denial notice. When all information is available, make yourself educated. and BTW get a good lawyer to file your application so that each and every small detail can be taken care of.
deepakjain
06-08 06:38 PM
You might get your GC while you are at the retirement home....
Do not get me wrong ....140 crore Rupees [EAD & AP Renewal] just for pending 485 is not an small amount.....
they will be another July 2007 fiasco in 2010.....so that another 200K people board the non stop flight for GC destination......so that 140 Crore becomes 280 Crore Rupees....those 2000 hired by USCIS in 2007 will be waiting for salary hike ....:D
Do not get me wrong ....140 crore Rupees [EAD & AP Renewal] just for pending 485 is not an small amount.....
they will be another July 2007 fiasco in 2010.....so that another 200K people board the non stop flight for GC destination......so that 140 Crore becomes 280 Crore Rupees....those 2000 hired by USCIS in 2007 will be waiting for salary hike ....:D
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