pappu
01-09 12:19 PM
From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
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Pagal
06-26 08:48 AM
Hello,
Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...
Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...
GotGoose?
04-10 07:44 PM
Added yet another (see top) - this is fun. :p:
2011 donald trump younger years.
jonty_11
02-14 03:59 PM
This is where the whole Retro mess starts, people trying to bypass the system. Read the Requirements and if your employer/attorney thinks u qualify , u do otherwise, dont screw up the system.
more...
sukant71
02-12 08:15 PM
Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
Why April2001 has to wait for 8(eight!) years
You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
Why April2001 has to wait for 8(eight!) years
hpandey
01-03 12:15 PM
But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?
Thanks
You don't necessarily need an AP to travel if you have filed for AOS. If you have a valid H1 unexpired visa you can travel on that. You wife would need to get her H4 visa stamped to come back to US.
It is a matter of choice if you want to use AP for travel or your valid H1/H4 visa.
Thanks
You don't necessarily need an AP to travel if you have filed for AOS. If you have a valid H1 unexpired visa you can travel on that. You wife would need to get her H4 visa stamped to come back to US.
It is a matter of choice if you want to use AP for travel or your valid H1/H4 visa.
more...
ski_dude12
07-13 08:08 PM
You are welcome to live your life in fear of USCIS by all means. I am not interested in being a slave like you. I hope you enjoy your slavery till it lasts.
And btw, I really give two hoots to your source. I have read your other posts and frankly this post of yours does not surprise me. I value my sleep much more.
And btw, I really give two hoots to your source. I have read your other posts and frankly this post of yours does not surprise me. I value my sleep much more.
2010 donald trump younger years.
saibaba
12-18 02:39 PM
my honest opinion on transit visa issues- the best way is to do a quick check on Netherlands website.......rather than only rely on answers on a public forum
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
http://www.netherlands-embassy.org/visainquiry.asp
Visa Inquiry Result
March 11, 2003
Inquiry date: December 18, 2008
Citizen of: India
Status in US: unlisted status
Resident of: Texas
Travel document: US Re-entry Permit
Duration of stay: less than 12 hours
Purpose of stay: airport transit
First country: Netherlands
Second country: Other
Main destination: other
Based on the above mentioned information the following has been concluded:
an airport transit visa is not required.
Please note that each traveller needs to hold a valid passport with a validity thats exeeds the intended stay by at least 3 months and a return/onward airline ticket. In addition to that, visitors to the Netherlands need to present proof of sufficient funds and medical insurance upon arrival. Travellers should not present a danger to public order or national security.
more...
haveaquestion
03-06 01:28 AM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
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mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
more...
eb3_nepa
02-03 12:36 PM
Hi guys,
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
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Munshi75
09-13 09:15 PM
You cannot work with an expired EAD. End of the story.
But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.
But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.
more...
house AWD has been watching Donald
forever
07-27 02:41 PM
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
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jamesingham
05-06 12:23 PM
I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
more...
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satishku_2000
07-19 11:46 AM
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
Boy, you cant wait for EAD ...:) I don't blame ya for that, I think in case of July 2nd you should count from the date when your check gets cashed. In case of July filers we should not be surprised if EADs and APs take more than 6 months being on cynical side.
tnx.
Boy, you cant wait for EAD ...:) I don't blame ya for that, I think in case of July 2nd you should count from the date when your check gets cashed. In case of July filers we should not be surprised if EADs and APs take more than 6 months being on cynical side.
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bp333
10-29 04:31 PM
Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.
They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.
They should be OK with the old fee, however to be safe I would send an extra check to make up the difference for new fee. Explain it in the cover letter and let them decide.
more...
makeup donald trump younger years.
dixie
12-01 11:19 AM
It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)
That pretty much covers our current situation :( ... EB immigration is driven by corporate interest and obviously it is geared to benefit them to the maximum extent possible.
That pretty much covers our current situation :( ... EB immigration is driven by corporate interest and obviously it is geared to benefit them to the maximum extent possible.
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seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
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Sandeep
03-07 05:43 PM
The Program Assessment Rating Tool (PART) was developed to assess and improve program performance so that the Federal government can achieve better results. A PART review helps identify a program’s strengths and weaknesses to inform funding and management decisions aimed at making the program more effective. This is what the DOL's review (http://www.whitehouse.gov/omb/budget/fy2006/pma/labor.pdf) shows. It is very informative as we come to know that they themselves are admitting serious flaws
Page 211
Is the program design free of major flaws that would limit the program's effectiveness or
efficiency?
Answer: NO
Summary
The DOL admits that these are the problems:
- "current process is paper- intensive, duplicative in places, and inefficient"
- "vulnerability to fraud and abuse"
- The whole process is meaningless because "it could be years between the recruitment efforts described in an application to DOL and the time a labor certification issues or the alien adjusts to permanent resident status"
-"the certification itself lacks critical safeguards"
Page 213
Does the program have baselines and ambitious targets for its annual measures?
Answer: NO
"Program goals lack specific, ambitious annual targets. For example, the published backlog reduction targets would not result in elimination of the backlog in two years, as the program currently plans. And the goal to reduce processing time to six months for 90% of applications (currently 32 months) may not be either sufficiently tailored or ambitious for the new automated review process, if processing rates hold true to plan."
Summary
The DOL says that they have promised somethings but it is not doable !!!
Page 213
Are Budget requests explicitly tied to accomplishment of the annual and long- term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?
Answer: NO
Like the rest of DOL, ETA does not have an integrated accounting and performance management system to identify the full cost of achieving this program's performance goals and support day- to- day operations.
Summary
The DOL says that they have no idea of how much it will cost. So how are they planning to go ahead and get the resources to clear off all the cases in the BECS?
Page 218
Do independent evaluations of sufficient scope and quality indicate that the program is effective and achieving results?
Answer: SMALL EXTENT
Ongoing stakeholder concerns and findings from program evaluations or OIG audits conducted in years past raise serious questions about the design,management, and accountability of the current program.
Summary
There are a lot of audits saying that there is something seriously wrong
Page 219
"The goal of eliminating the backlog by the end of FY 2006 is a result of an external evaluation conducted in 2002. Lengthy processing times are a majorconcern for program stakeholders. Though the goal is ambitious, there is a disconnect with the published targets, which cover only the state- level backlog of 270,000 cases (not the additional cases pending at the federal level) and would not accomplish the goal within two years."
Summary
Though they have stated that their goal is 2006 there is no way that is going to be true
And inspite of all this the program rates "ADEQUATE" ?
Page 211
Is the program design free of major flaws that would limit the program's effectiveness or
efficiency?
Answer: NO
Summary
The DOL admits that these are the problems:
- "current process is paper- intensive, duplicative in places, and inefficient"
- "vulnerability to fraud and abuse"
- The whole process is meaningless because "it could be years between the recruitment efforts described in an application to DOL and the time a labor certification issues or the alien adjusts to permanent resident status"
-"the certification itself lacks critical safeguards"
Page 213
Does the program have baselines and ambitious targets for its annual measures?
Answer: NO
"Program goals lack specific, ambitious annual targets. For example, the published backlog reduction targets would not result in elimination of the backlog in two years, as the program currently plans. And the goal to reduce processing time to six months for 90% of applications (currently 32 months) may not be either sufficiently tailored or ambitious for the new automated review process, if processing rates hold true to plan."
Summary
The DOL says that they have promised somethings but it is not doable !!!
Page 213
Are Budget requests explicitly tied to accomplishment of the annual and long- term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?
Answer: NO
Like the rest of DOL, ETA does not have an integrated accounting and performance management system to identify the full cost of achieving this program's performance goals and support day- to- day operations.
Summary
The DOL says that they have no idea of how much it will cost. So how are they planning to go ahead and get the resources to clear off all the cases in the BECS?
Page 218
Do independent evaluations of sufficient scope and quality indicate that the program is effective and achieving results?
Answer: SMALL EXTENT
Ongoing stakeholder concerns and findings from program evaluations or OIG audits conducted in years past raise serious questions about the design,management, and accountability of the current program.
Summary
There are a lot of audits saying that there is something seriously wrong
Page 219
"The goal of eliminating the backlog by the end of FY 2006 is a result of an external evaluation conducted in 2002. Lengthy processing times are a majorconcern for program stakeholders. Though the goal is ambitious, there is a disconnect with the published targets, which cover only the state- level backlog of 270,000 cases (not the additional cases pending at the federal level) and would not accomplish the goal within two years."
Summary
Though they have stated that their goal is 2006 there is no way that is going to be true
And inspite of all this the program rates "ADEQUATE" ?
glus
01-30 09:10 AM
Wow...wait a minute here.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.
G
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa Hstamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
Hi Logiclife: if one has an unexpired H1 visa stamp, one can re-enter the country as long as he can show an I797 approval from the new employer. Change of employers does not invalidate an H1 visa stamp.
G
crazy_gc
07-22 08:03 AM
application 485 - Part 2 Application type
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
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