lvinaykumar
07-16 07:40 PM
Can we sue them for spreading false information
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smuggymba
09-10 06:06 PM
As of 05/10 's inventory report - there were ~200,000 GC application pending across ALL categories.
I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.
If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.
If they open the flood gates and let more applications to come in then this NET reduction is not possible.
more people keep of applying across all categories so the demand is not stagnant, it keeps growing.
I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.
If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.
If they open the flood gates and let more applications to come in then this NET reduction is not possible.
more people keep of applying across all categories so the demand is not stagnant, it keeps growing.
gcseeker2002
12-27 10:38 AM
Dubai - no issues without valid stamp
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments
Amsterdam/Schiphol - No issue without valid stamp
London - ?????
Seoul - ?????
Singapore - ??????
Bangkok - ?????
Kuwait - ?????
Zurich -- ????
Geneva -- ???
God Bless Asian countries :
Singapore - Never heard of transit visa
Bangkok - Never heard of transit visa
Seoul - Never heard of transit visa
Tokyo - They may introduce it soon as they think they are western country
2011 Dubai Tower
santb1975
12-21 01:05 AM
Thanks for your Inputs Logiclife.
My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then
Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.
My last entry into US was before I spent 6 weeks in recovery and subsequently changing my employer. I was not paid for the time I worked before I quit my employer. I had no issues with transfering my H1. I have letters from my clients and DOL verified that I was working at the client locations. I went through an IRS Audit as well last year because the wages reported by my employer to the IRS were different from the annual wages I reported in my tax returns and I owed IRS some money ( I never got a W2 for that year from my employer and when I contacted IRS they sent me a form on which I had to enter information based on the paycheks I have received). During the audit I had to pay my taxes as a preventative measure and also write a letter to IRS explaining my situation. IRS contacted NJ DOL and had my employer correct the wages he reported and sent me a letter that I was accurate. I will still have to work on getting the additional taxes I paid IRS back which is another story. it has been 2.5 years and the saga still continues. If I ever get an RFE about not getting paid for those 4.5 months I will worry about it then
Now Regarding my H1 stamp: I decided not to go for stamping. I am just going to use my AP and come back. I talked to my lawyer today and I told him that I did not go for stamping after I changed employers and also indicated I want to come back using my AP. He said if that is what I decide that is fine with him.
more...
puddonhead
08-10 02:25 PM
I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
g_mat
09-26 11:00 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
On 9/26/07 10:26 AM, "a.viewer@CNNmoney.com" a.viewer@CNNmoney.com> wrote:
Mail re: CNNMoney.com reader comment
send_to:
fsb_mail@timeinc.com
subject:
CNNMoney.com reader comment
name:
Gigi Mathews
email:
g_mat@lycos.com
url:
http://money.cnn.com/2007/09/25/smbu....fsb/index.htm
detail:
Eilene,
Thank you for addressing skilled workers shortage in your article "Wanted :
Foreign Workers". However the rally held in Washington DC is by Legal Skilled Immigrant Workers ( not mostly legal) to address the delay in securing a Permanent Residency through employment. Majority of the workers are waiting for atleast 6-8 years in the same job on temporary visas, not availing the job progression which their education, skills and experience would otherwise offer on the permanent visa.
Appreciate your effort in drawing the attention to one of major issues a vast
majority of the American business is now facing.
Kind Regards
Gigi Mathews
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
On 9/26/07 10:26 AM, "a.viewer@CNNmoney.com" a.viewer@CNNmoney.com> wrote:
Mail re: CNNMoney.com reader comment
send_to:
fsb_mail@timeinc.com
subject:
CNNMoney.com reader comment
name:
Gigi Mathews
email:
g_mat@lycos.com
url:
http://money.cnn.com/2007/09/25/smbu....fsb/index.htm
detail:
Eilene,
Thank you for addressing skilled workers shortage in your article "Wanted :
Foreign Workers". However the rally held in Washington DC is by Legal Skilled Immigrant Workers ( not mostly legal) to address the delay in securing a Permanent Residency through employment. Majority of the workers are waiting for atleast 6-8 years in the same job on temporary visas, not availing the job progression which their education, skills and experience would otherwise offer on the permanent visa.
Appreciate your effort in drawing the attention to one of major issues a vast
majority of the American business is now facing.
Kind Regards
Gigi Mathews
more...
andycool
03-16 02:04 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Hello Desi,
"Applicability of Section 202(e): When visa demand by documentarily qualified applicants from a particular country exceeds the amount of numbers available under the annual numerical limitation, that country is considered to be oversubscribed. Oversubscription may require the establishment of an earlier cut-off date than that which applies to a particular visa category on a worldwide basis. The prorating of numbers for an oversubscribed country follows the same percentages specified for the division of the worldwide annual limitation among the preferences. (Note that visa availability cut-off dates for oversubscribed areas may not be later than worldwide cut-off dates, if any, for the respective preferences.)
Furthermore, Section 202(a)(2) reads, �2) Per country levels for family-sponsored and employment-based immigrants. Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent (in the case of a single foreign state) or two percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.� The seven percent per-country limit specified in INA 202(a)(2) is considered to be for both Family-sponsored and Employment-based numbers combined.
Allocation of visa numbers under Section 202(e) is accomplished as follows:
1. If based on historical patterns or current demand it appears that during a fiscal year number use by aliens chargeable to a particular country will exceed the per-country numerical limit for both the Family and Employment preferences combined, that country would be considered oversubscribed. Both the Family and Employment preferences would be subject to the prorating provisions of INA 202(e)(1).
2. Sometimes during a fiscal year it may become apparent that because of a lack of demand in the Family preferences, number use by aliens chargeable to an oversubscribed country will be well within the per-country numerical limit. In such case the excess Family numbers would be made available to the Employment preferences subject to the prorating provisions of INA 202(e)(1). Each of the first three Employment categories would receive 28.6% of the excess numbers, and each of the Fourth and Fifth preference categories 7.1%. (Fall-across would likewise apply if an oversubscribed country lacked sufficient demand in the Employment preferences but had excess demand in the Family preferences.)
If a foreign state other than an oversubscribed country has little Family preference demand but considerable Employment preference demand, the otherwise unused Family numbers fall across to Employment (and vice versa) for purposes of that foreign state�s annual numerical limit. For example, in FY-2009 South Korea used a grand total of 15,899 Family and Employment preference numbers, of which 1,688 were Family numbers and 14,211 were Employment numbers. This grand total was well within the FY-2009 per-country numerical limit of 25,620 Family and Employment numbers combined, so South Korea was not oversubscribed. The unused Family numbers were distributed within the Employment categories, allowing South Korea to be considerably over the 9,800 Employment limit which would have been in effect had it been an oversubscribed country.
This is from April Visa Bulletin , according to this S korea got 14,211 visas from FB ( spill over from FB - EB) then dont you think the total EB visas issued in 2009 should be around 150000 instead of 141000....
I am little confused...
your comment will be greatly appreciated ;)
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srkamath
07-13 12:34 PM
Mnay July 07 filers have reported LUDs and RFE on their 485 this past year when their priority dates were not current. This means all the files that were received in or before July 27th 2007 at NSC have already been reviewed.
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
I'm sure most cases have recd at least a computerized review by now, many of the LUDs are for fingerprinting, name checks, change of processing centers etc. Yes there is definitely activity.
However, it does not mean that all pre Jun06 cut-off cases have been pre-adjudicated.
more...
srinithati
03-17 11:11 AM
PD April 2004
filed 485,EAD & AP on August 15th 2007.
filed 485,EAD & AP on August 15th 2007.
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tabletpc
12-20 04:42 PM
..Yes, I did. In fact, many times...""
Then go have blast tonight...you are perfectly fine. Atleast now can we laugh..!!!!:)
Then go have blast tonight...you are perfectly fine. Atleast now can we laugh..!!!!:)
more...
rajuseattle
07-14 07:41 PM
ajthakur,
competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.
If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.
This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.
Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.
I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.
Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.
competant attorneys knows the language of the AC-21 draft in your situation and they will be able to anser RFEs in an appropriate manner.
If you feel u can simply send the EVL letter yourself and not disclose any facts about the change in employment, then good luck.
This is not at all trying to scare you, but u r almost on the verge of being approved, why taking chances on USCIS.
Lot of the times immigration cases are successful due to good representation and that's where competent attorneys scored well comapre to average attorney.
I have suffered myself a lot due to incompetent attorney who almost killed my labor certification process while in BEC by not responding to the DoL 45- day letter in time.
Afterall its upto you, if you are confident you can answer RFE, go ahead and do it, noone on this IV forum is forcing you to hire any attorney services.
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gcisadawg
03-09 12:45 PM
China EB3 moved from Oct 02 to Mar 03. In the Jan bulletin, China EB3 was at Jun 02!
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
EB3 ROW has been retrogressed as predicted in Oh's website.
All non-India EB3 are at March 03 now....
Will they keep them at March 03 for few months and give a bump to EB3?
Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...
India EB3 moved from Oct 01 to Nov 01. In the Jan bulletin, India EB3 was still at Oct 01!
China EB3 is certainly making some progress. Wonder why India EB3 is lagging so far behind and virtually crawling at a snail's pace.
EB3 ROW has been retrogressed as predicted in Oh's website.
All non-India EB3 are at March 03 now....
Will they keep them at March 03 for few months and give a bump to EB3?
Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...
more...
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feedfront
10-07 12:27 PM
Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.
RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]
RFE email: Sept 10, 2010
RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
Reponse to RFE sent on : Oct 05, 2010 via USPS
Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]
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eb3retro
08-16 03:39 PM
Because you guys are not as clever as EB2s.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
easy there pray...people can get offended by your statement. Not a good statement for your first post.
more...
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logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
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Jaime
09-10 12:41 PM
You are reminded often that you are a second class citizen - There is so much of this...where to start? How about renewing a driver's license? Cannot do it unless you bring your immigration papers with you, and then you are given a driver license only for the duration of your current visa extension, and that is if you're lucky, as it often just gets denied.
more...
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askreddy
06-25 05:43 AM
pls send samples to askrindia@yahoo.com
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jetguy777
03-09 12:53 PM
by the way shusterman predicted ROW will retrogress in his blog found at shusterman.com there was also an IV post about this (abbout somethin like shusterman got a call from clinton or something)..........
so what happened to the quareterly spill over ???????????
Last year's April visa bulletin contained the following note:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
"Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially. "
At the risk of stating the obvious there was not any spillover this month but there is hope that we may see spillover in future months.
so what happened to the quareterly spill over ???????????
Last year's April visa bulletin contained the following note:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
"Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially. "
At the risk of stating the obvious there was not any spillover this month but there is hope that we may see spillover in future months.
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tikka
07-03 09:37 PM
In all 400$ to date.
so much for your contribution...
so much for your contribution...
vicky007
04-26 02:50 PM
Guys,
I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.
Regards.
I heard on NPR yesterday evening,DHS has decided to conduct Security Checks through FBI for over 400,000 Port and Dock Employees in the US of A.
President BUSH wants the initial Phase of Name Checks to be done before Summer is over.If the move proceeds as per the plan(I see no reason not to, considering the sensitive nature for which it is being carried out)its going to be even more pain for people who have been waiting to get their Name Check done.
Regards.
slowwin
06-14 09:11 AM
Email sent to both Texas US senators.
