Dhundhun
07-12 09:28 PM
http://immigrationvoice.org/forum/showthread.php?t=20141
Somebody with Nov05 PD tried to renew EAD and was given a 3 month EAD.......
Use of "01" instead of "10" has been common mistake by USCIS. I came across couple of such cases. This is typo error and they will fix it.
Somebody with Nov05 PD tried to renew EAD and was given a 3 month EAD.......
Use of "01" instead of "10" has been common mistake by USCIS. I came across couple of such cases. This is typo error and they will fix it.
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NKR
10-16 02:09 PM
Second: What happened (the flood of applications) were definitely caused by an ill thought Visa bulletin, but USCIS had no control over the massive amount of applications that they had to deal with. Even commercial operations (amazon etc) break down when overloaded. So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
seahawks
11-17 11:37 PM
Here's mine - NRC2008065496
I just send mine by US mail last week. My wife send hers too, I havent received a receipt no yet.
I just send mine by US mail last week. My wife send hers too, I havent received a receipt no yet.
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eb2_mumbai
02-09 01:31 PM
Why am I not suprised with this news?
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
more...
belmontboy
05-23 05:56 PM
Why we dont like gultis ? - eCharcha.Com (http://www.echarcha.com/forum/showthread.php?t=18691)
This link might help you understand the different definitions.
get out of your stereotyped moronic attitude.
If Indians cannot respect fellow Indians, how do you expect to be respected by others in this country??
This link might help you understand the different definitions.
get out of your stereotyped moronic attitude.
If Indians cannot respect fellow Indians, how do you expect to be respected by others in this country??
gsc999
07-24 05:05 PM
Guies,
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
---
It would be better to focus our energies in a directed fashion on some core issues that have been identified by the core team. Media, Senators, House members and other have become familiar with our issues. Will it be worthwhile to add these new provisons that might dilute our original charter? Let us address the key causes e.g. few immigrant visas, family counted towards visa numbers, re-capture past visas, increase immigrant visas etc.
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
---
It would be better to focus our energies in a directed fashion on some core issues that have been identified by the core team. Media, Senators, House members and other have become familiar with our issues. Will it be worthwhile to add these new provisons that might dilute our original charter? Let us address the key causes e.g. few immigrant visas, family counted towards visa numbers, re-capture past visas, increase immigrant visas etc.
more...
retrohatao
02-18 11:58 PM
WaldenPond,
It is an interesting post.
I am quite sure you by this time know that "the security clearnce" has become the most secretive processes in the GC process. You were right when you have mentioned people would like to get to the next process. Yes, I was of the opinion that the labour clearance was the only hurdle in the GC process. When my I-485 was current and my case was not cleared than I realized how serious the "security clearance process" was. Interestingly many people have been stuck in the process. (Please take a look at the link I have posted.) None of the people could successfully find a way out. Comparing the "Name check process" as a "case to case" process is bit a "over-statement". In the cases you have mentioned, atleast you have an option to contact USCIS. USCIS has an obligation to respond with in a specified time period. But in case of "Name Check process" as you might have already found , one may not expect a response from FBI. Its plain and simple. If my name is stuck in the "security clearane", I would like to know what for ( just like the RFE sent by USCIS). I may provide some information that could clarify their doubts or atleas can provide them to check certain facts to check the veracity
As related to working on the issue, yes I can definitely work on the issue to the best of my ability.There are some constraints due to the Job I am in, however I am willing to do whatever possibly can be done.
It is an interesting post.
I am quite sure you by this time know that "the security clearnce" has become the most secretive processes in the GC process. You were right when you have mentioned people would like to get to the next process. Yes, I was of the opinion that the labour clearance was the only hurdle in the GC process. When my I-485 was current and my case was not cleared than I realized how serious the "security clearance process" was. Interestingly many people have been stuck in the process. (Please take a look at the link I have posted.) None of the people could successfully find a way out. Comparing the "Name check process" as a "case to case" process is bit a "over-statement". In the cases you have mentioned, atleast you have an option to contact USCIS. USCIS has an obligation to respond with in a specified time period. But in case of "Name Check process" as you might have already found , one may not expect a response from FBI. Its plain and simple. If my name is stuck in the "security clearane", I would like to know what for ( just like the RFE sent by USCIS). I may provide some information that could clarify their doubts or atleas can provide them to check certain facts to check the veracity
As related to working on the issue, yes I can definitely work on the issue to the best of my ability.There are some constraints due to the Job I am in, however I am willing to do whatever possibly can be done.
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desi3933
01-30 02:08 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
Crazyghoda -
The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.
RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
Crazyghoda -
The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.
RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.
245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).
Please have all AC-21 related documents for latest job (or job offer).
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
vine93
06-10 03:54 PM
sent
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Madhuri
01-30 01:28 PM
after going through Logiclife's posts, I remembered all the horror stories I see happening aroung me since past 6 years, I also had arole in one of them.
Just thought a low-budget film about 'H-Horror' will be a good idea to expose these desi companies.
Just thought a low-budget film about 'H-Horror' will be a good idea to expose these desi companies.
more...
tonyHK12
02-17 09:57 AM
Newsletters - will help reach out to wider public. The desi groceries, movie distributors, restaurants send emails and coupons, toysrus, best buy , etc... send emails, coupons, so many organizations do it and I think IV must do it to.
This is a nice idea, maybe bi-weekly or monthly. No one has an advocacy oriented one and we can take the lead in this. As usual I agree to volunteer for this one. We can get inputs from core/Senior members and the ones meeting law makers.
This is a nice idea, maybe bi-weekly or monthly. No one has an advocacy oriented one and we can take the lead in this. As usual I agree to volunteer for this one. We can get inputs from core/Senior members and the ones meeting law makers.
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reddog
04-08 11:19 AM
Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
more...
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natrajs
04-23 08:46 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats and Best Wishes
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats and Best Wishes
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sledge_hammer
06-19 04:59 PM
Do we use form G-325 or G-325A?
more...
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vijayassr
02-23 02:24 AM
Hi,
Have a question on my visa.
I applied for H1 visa with company A, when I am in US in Apr'08 with
L1 thats getting expired, due to emergency I went to India.
I got h1 approval notice with COS on July'23 2008.
My Indian company B asked to get fresh L1 , so I took a stamping on
Aug'20 2008 and came to US on L1
changed company A with H1 visa . (company A did not do any COS again, since they say H1 is already with COS).
Want to know if my H1 is valid do I need to do any other things to
tell USCIS that I am on H1 NOW. Can I do stamping at Mexico/Cuba.
If there is any problem above how to come out of it.
Have a question on my visa.
I applied for H1 visa with company A, when I am in US in Apr'08 with
L1 thats getting expired, due to emergency I went to India.
I got h1 approval notice with COS on July'23 2008.
My Indian company B asked to get fresh L1 , so I took a stamping on
Aug'20 2008 and came to US on L1
changed company A with H1 visa . (company A did not do any COS again, since they say H1 is already with COS).
Want to know if my H1 is valid do I need to do any other things to
tell USCIS that I am on H1 NOW. Can I do stamping at Mexico/Cuba.
If there is any problem above how to come out of it.
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thomachan72
04-11 09:32 AM
Before taking up any agenda, check with IV core whether it is the right time.
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
I think Suhail raised a verry valid point. However, to recapture unused visa numbers might not just be an administrative fix. it would require a law being passed just for that and that then becomes a whole different issue.
We know visa numbers have been wasted but can we persuade and get a majority vote on a legislation that would recapture unused visa numbers?? That to me is a mighty big task in itself.... just like raising the country limits.
I am certainly not discouraing anybody....
On the other hand, is there any legal issue involved that could be fought in a court of law?? Since there were more applications pending than the allowed anual limit why were not sufficient numbers of visas issued? was it because there was a per country limit?? If that is true they can simply say unless the per country limit is removed they cannot issue more numbers to India/china.
Personally, I therefore feel more inclined to fight for these:-
1) Taking of the per country limits (toughest one)
2) Allowing change of status application irrespective of availability of visa numbers
3) Allowing for H1b stamping from within the US
4) premium processing of I-140
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
I think Suhail raised a verry valid point. However, to recapture unused visa numbers might not just be an administrative fix. it would require a law being passed just for that and that then becomes a whole different issue.
We know visa numbers have been wasted but can we persuade and get a majority vote on a legislation that would recapture unused visa numbers?? That to me is a mighty big task in itself.... just like raising the country limits.
I am certainly not discouraing anybody....
On the other hand, is there any legal issue involved that could be fought in a court of law?? Since there were more applications pending than the allowed anual limit why were not sufficient numbers of visas issued? was it because there was a per country limit?? If that is true they can simply say unless the per country limit is removed they cannot issue more numbers to India/china.
Personally, I therefore feel more inclined to fight for these:-
1) Taking of the per country limits (toughest one)
2) Allowing change of status application irrespective of availability of visa numbers
3) Allowing for H1b stamping from within the US
4) premium processing of I-140
more...
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TeddyKoochu
09-10 02:01 PM
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
Agreed that the I140 data may not be exact due to system limitations but approximation can still work, they take up more people, EB2 ROW was current the whole of last year, FB2 is at Apr 2010. Even I140 statistics are shown on the volumes chart so I believe that the approximate numbers per country can be very easily derived or they can test the waters in small steps if they like. Since there is no guideline on this the agencies are legal in using judicious discretion.
Agreed that the I140 data may not be exact due to system limitations but approximation can still work, they take up more people, EB2 ROW was current the whole of last year, FB2 is at Apr 2010. Even I140 statistics are shown on the volumes chart so I believe that the approximate numbers per country can be very easily derived or they can test the waters in small steps if they like. Since there is no guideline on this the agencies are legal in using judicious discretion.
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calgirl
07-20 02:33 PM
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
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wandmaker
08-21 04:34 PM
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
Most of the people here are under employment based green cards - So, I would recommend get yourself an attorney.
eb3_nepa
07-05 01:37 PM
1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)
delax
07-19 08:55 PM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
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