supers789
07-18 04:14 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
wallpaper Frankie Sandford
glus
06-27 07:34 AM
This is what my very very high profile attorney wrote in her email to me today....
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
gcfriend65
06-28 09:14 AM
My take on this is that if 40,000 visa numbers remain for July, August and September, then USCIS by itself cannot use 40,000 visa numbers in one month alone (i.e. in july), because the DOS just supplies them monthly quotas. So, if you take approx. 18,000 per month, you are looking at 18,000 for July and 18,000 for August. Then, USCIS have to use them. Which means USCIS has to approve 18,000 petitions in July. As, I have heard that USCIS just started out sending finger print notices this month, because Priority Dates moved a lot in June 2007. Now, the fingerprints, will come in and forwarded to FBI for security clearance. That will take atleast a month. And, all petitions activated for clearance in June 2007 won't get adjudicated till August 31, 2007, because it takes atleast three months, for a case to approve and the visa number to be used. (Remember Visa numbers are allocated on visas used and not how amny people applied). Please share your thoughts. Thats my 2 pennies.
From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
From page 35 of Citizenship and Immigration Services Ombudsman Annual Report to Congress June 2007 (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
2011 frankie sandford
hiralal
05-31 03:47 PM
That's a much better suggestion than playing carrot-and-stick on real-estate bargains Mr. Hiralal.
Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.
Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.
Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?
Thanks.
there is no harm in having several campaigns ..that will atleast keep members active and interested ..in case you haven't noticed lot of people on EAD have just become laid back and lazy (and sort of insist that nothing will go wrong )
Now, what would really be effective is for our own people that are already naturalized and integrated and assimilated and digested in the US system to stand up for our cause.
Please, do this for us seniors. As citizens and permanent residents, your voice will be effectively heard. Case in point - legislation on re-uniting families. To begin with, family based has nearly 60% more visas than employment based and nearly 80% of the visas available are exempt from per-country limits. And yet, the politicians want to reform family based immigration process because the people at the receiving end are their citizens. There is nothing wrong with it because the wait-time for extended family members are really long too which is a shame. But you see, there are bills that are actively discussed and passed in that category i.e fundamental solutions are being explored.
Why is Mr. Bobby Jindal and likes of him not taking up our cause actively? People use their "humble-background" in campaign times. Why do they fail in holding out a helping hand to people that are stuck in such "humble-background"? Do you see such apathy in other minority communities?
Thanks.
there is no harm in having several campaigns ..that will atleast keep members active and interested ..in case you haven't noticed lot of people on EAD have just become laid back and lazy (and sort of insist that nothing will go wrong )
more...
conchshell
07-26 05:08 PM
In the past 4+ years, the annual H1 queue is just 65K. So the input into the EB queue must have moderated quite a bit.
Another piece of information, supporting your argument. This is posted on immigration-law.com today:
The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.
Another piece of information, supporting your argument. This is posted on immigration-law.com today:
The DOL has yet to release its 3rd Quarter Performance report ending at the end of June 2008, but the second quarter report indicates that the foreign labor certification applications continuously dropped from the same period in FY 2007 including permanent as well as temporary labor certification applications. PERM applications dropped 46% from the statistics of the second quarter of FY 2007. The report indicates that despite increased audits (over 45%) and related work, the processing times remain steady. Obviously, it must have been affected more by decreased number of new applications than any drastic improvement in processing times in each application. In fact, from the perspectives of each PERM application, the processing times have witnessed a substantial delay over the last one year. The delay which was associated with the massive audit and related activities could have been offset by the substantial drop in the PERM applications in the overall statistical figure in the report. The DOL report did not report the details of the causes for continuing decrease in PERM applications, but this should be taken as an alert to the U.S. businesses as an indication of reduced incentives for the needed foreign workers to remain in the U.S. and potential reduced availability of the talented foreign workers to support the U.S. businesses' competition in the world. Considering the fact that the supply and demand of resources at the international level are not something which can be rebalanced over a night or a short period of time, the political leaders should start paying attention to the urgency of the reform in the employment-based immigration system before it gets too late.
peer123
02-04 08:36 AM
:(
http://www.murthy.com/nflash/nf_020207.html
http://www.murthy.com/nflash/nf_020207.html
more...
gc4me
02-13 12:16 PM
immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.
2010 frankie sandford hair
chantu
03-30 02:46 PM
Do some research on Nuclear deal and see what it will bring to India in the next couple of decades. And tell me what Mr.Advani brought us when they were in power.
If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.
If congress would have done it's job properly 60 years back, there was no need of nuclear deal now. The comment you made makes it pretty sure that congress was a failure since last 6 decades. The benefits of current nuclear deal will be in next 2 decades. So what poor people of India eat in next two decades? Will you tell them that don't worry...hang on for next 20 years. Also do you know the case of Enron and how politicians of all colors made fool of people.
more...
whoever
02-15 11:37 AM
hey anyone know why since democrats have taken control of house, senate, they havent uttered a word on immigration? last year there was so much noise on tv regarding immigration but none at all this year. i wonder what is going on.
hair Frankie Sandford in a little
ksircar
06-21 03:47 PM
Hi Neocor,
I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?
I understand your frustration very well. Of course the labor substitution is not logical, but it is not the root of the problem. Just think rationally how many people take advantage of this option. The real cause of our problem is Number of Visas. As long as it is legal, people will go for it. They should not be blamed, rather it is our inability that we didn't find the right "Approved Labor". If you find something suitable, will you not go for it?
more...
BharatPremi
07-13 01:43 AM
Canada immigration is simple & straight forward.
No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.
You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.
go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.
P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.
Canadian Immigration is simple.. But then what? Are you ready to live your life in socialist welfare state? Buying a home in CAN $ 200000 in year 2007 will give you $ 5000 top in Year 2030.. Are you ready for that? Do not choose Good apples from the basket. This guy got a job from Microsoft does not mean that easily you would get settled...One thing I do not understand is why so much zeal about Canadian immigration on American immigration forums.. Is it some mental syndrome to make people part of your own guilt?
By the way my very nearest relatives and friends have choosen (Many are in IT as well..) Canada to get settled... Some live there since last 20 years... I know how Canada works... And believe me if you get USA GC done.. Canada is not worth considering....More or less Canada is not that a dynamic society... It is still 16th Century European mind set... I can understand someone may get it done as backup but here it seems that some of the people are out to the mission .. And I have a problem there. If somebody is in really a bad shape of US Green card and all doors are going to be closed soon and considering Canada.. That is understandable... But living in US, stating to love USA and writing to drive others out of USA looks contradictory to me.. Hypocrates... US GC is broken and f@@cked up so what .. Try to fight it out as long as you can...And believe me not everbody's grapes are sour yet.
Other thing, with decision of corporates you can not take decisiion to unsettle your life.. Argument: Microsoft decides to go to Canada and is hirring you .. What can go wrong...many things can go wrong.. you do not know and many things cannot be proved.. With myself it already happened.. In year 2001 Bubble burst my then employer gave me a choice to move to Canada ( Exactly Microsoft kind of public declaration.. Company is also very prestigious and more or less you can consider it of the size of Microsoft).... I took decision not to go and so I was out of the company.. Some friends went there.. after 2 years laid off.. Those 2 years they got American salary on Canadian land (Dream, huh !!!!!!!!) ,, But then what after lay off.. One of them had to sit 6 months to get proper job.. Way less salary... Can this happen to everybody? May not be..But the bottom line is you will have to fiight out the hurdles.. Here you have GC Process hurdle.. In canada you may not have that but you may be having other 100 hurdles... What will you do then? WIll you go to Australia? ...There are 600 countries so at the most you can do 600 migrations :-) By the way both of my friends now want to come back to USA after getting citizenship and their families do not want to move as they have mentally fed up with this move from country to country.. So wise up... my friend
No expensive lawyers are required or any lengthy procedures. Just self do. Also look at the currency rate of US and Canada almost same... Tax is a little high but medical is fully covered.
You need to fill forms,send all your education, papers etc and LO ! you are done and get PR Card. Some of my friends got it in less than 2 yrs.
go to http://www.cic.gc.ca/english/index.asp and you can apply on your own.
P.S: I am not an lawyer. Just another frusted GC wait, wait no reply candidate.
Canadian Immigration is simple.. But then what? Are you ready to live your life in socialist welfare state? Buying a home in CAN $ 200000 in year 2007 will give you $ 5000 top in Year 2030.. Are you ready for that? Do not choose Good apples from the basket. This guy got a job from Microsoft does not mean that easily you would get settled...One thing I do not understand is why so much zeal about Canadian immigration on American immigration forums.. Is it some mental syndrome to make people part of your own guilt?
By the way my very nearest relatives and friends have choosen (Many are in IT as well..) Canada to get settled... Some live there since last 20 years... I know how Canada works... And believe me if you get USA GC done.. Canada is not worth considering....More or less Canada is not that a dynamic society... It is still 16th Century European mind set... I can understand someone may get it done as backup but here it seems that some of the people are out to the mission .. And I have a problem there. If somebody is in really a bad shape of US Green card and all doors are going to be closed soon and considering Canada.. That is understandable... But living in US, stating to love USA and writing to drive others out of USA looks contradictory to me.. Hypocrates... US GC is broken and f@@cked up so what .. Try to fight it out as long as you can...And believe me not everbody's grapes are sour yet.
Other thing, with decision of corporates you can not take decisiion to unsettle your life.. Argument: Microsoft decides to go to Canada and is hirring you .. What can go wrong...many things can go wrong.. you do not know and many things cannot be proved.. With myself it already happened.. In year 2001 Bubble burst my then employer gave me a choice to move to Canada ( Exactly Microsoft kind of public declaration.. Company is also very prestigious and more or less you can consider it of the size of Microsoft).... I took decision not to go and so I was out of the company.. Some friends went there.. after 2 years laid off.. Those 2 years they got American salary on Canadian land (Dream, huh !!!!!!!!) ,, But then what after lay off.. One of them had to sit 6 months to get proper job.. Way less salary... Can this happen to everybody? May not be..But the bottom line is you will have to fiight out the hurdles.. Here you have GC Process hurdle.. In canada you may not have that but you may be having other 100 hurdles... What will you do then? WIll you go to Australia? ...There are 600 countries so at the most you can do 600 migrations :-) By the way both of my friends now want to come back to USA after getting citizenship and their families do not want to move as they have mentally fed up with this move from country to country.. So wise up... my friend
hot SPOTTED: FRANKIE SANDFORD
Macaca
07-03 09:01 PM
I will need everyone's input since I don't know all issues.
Titles
"Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"
Retrogression in employment based (EB) legal permanent resident (= GC) process
Skilled tax paying immigrants
Adjustment of Status (AOS) is last stage in EB GC process
AOS application requirements
Application requires
Medical
increase in (hard to get) appointments across United States
Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)
Birth certificate
request for documentation in country of origin
Requires applicant and dependents (spouse + children) to be in country.
Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)
2-3 days to prepare forms
Applicants changed their schedules to submit forms
Cost of applying
Application Fee
I-765 (Application for Employment Authorization) $180
I-485 (Application for Adjustment of Status to register as Permanent Resident)
($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
I-131 (Application for Advance Parole / Travel Document) $170 -
Biometric Recording Fees (Finger Printing, etc) $70
Total $745
Lawyer Fee $1000+
Others
Medical $250+
Pictures $30-40
Postage $50
Misc $50
2 Days off Work
Overseas travel to fill form
Looks like only $380+ is lost per applicant.
Need good estimate on #dependents!
Benefits of AOS application
provides Employment Authorization (EAD) that
allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
allows spouse to get out of the house and contribute to American economy.
eliminates the need for continually renewing temporary skilled visa
A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
USCIS gets a better load estimate for load balancing.
What happened
Applicants started filling forms on June 13th
Some applicants mailed forms on June 29th
USCIS announced on July 2 that it will not accept forms recieved on or after July 2
Why does it hurt
Waiting in line for 6+ years due to previous GC processing delays
Very little chance of legislative relief for a long time.
Rejected June filers can not re-file.
Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
$'s lost on re-applying
Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
Medical will not be valid after 1 year and photos will not be valid after 6 months.
estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
USCIS which is supported 90% by application fee should pay some attention to applicants
Special cases
I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)
Individual trauma and stress
Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)
The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
Applicants will always live in fear untill they receive receipt #
USCIS history
376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
According to page 35 of ombudsman report, This loss of visas is due to:
gaps in USCIS’ accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Comparison with Undocumented
Titles
"Immigration scandal goes unnoticed" or "USCIS drama and tantrum to lessen workload" or "Is this legal?" or "Resignations due at USCIS" or "Foul Play synonym USCIS Play" or GOVT "AGENCIES SHORT CIRCUIT A MILLION HOPES" or "The US govt. does a number on High Skilled Immigrants" or "Legal immigrants and the prison of USCIS" or "Door slams shut for highly skilled LEGAL immigrants in the US" or "US closes the door for highly skilled LEGAL immigrants" or "US isolates highly skilled legal immigrants" or "Broken Legal immigration system harmful to US competitiveness" or "Legal Immigration system in shambles" or "Flip-Flop: DOS & USCIS in cahoots?" or "USCIS betrays thousands of hopeful"
Retrogression in employment based (EB) legal permanent resident (= GC) process
Skilled tax paying immigrants
Adjustment of Status (AOS) is last stage in EB GC process
AOS application requirements
Application requires
Medical
increase in (hard to get) appointments across United States
Some had to take MMR vaccine and hence postpone their plans to have kids by 3-6 months as recommended by NIH. (newbee7)
Birth certificate
request for documentation in country of origin
Requires applicant and dependents (spouse + children) to be in country.
Some applicants and/or dependents had to fly in to be able to apply. (chanduv23)
2-3 days to prepare forms
Applicants changed their schedules to submit forms
Cost of applying
Application Fee
I-765 (Application for Employment Authorization) $180
I-485 (Application for Adjustment of Status to register as Permanent Resident)
($225 for applicaiton below 14 and over 80 (Should check on this)) $ 325
I-131 (Application for Advance Parole / Travel Document) $170 -
Biometric Recording Fees (Finger Printing, etc) $70
Total $745
Lawyer Fee $1000+
Others
Medical $250+
Pictures $30-40
Postage $50
Misc $50
2 Days off Work
Overseas travel to fill form
Looks like only $380+ is lost per applicant.
Need good estimate on #dependents!
Benefits of AOS application
provides Employment Authorization (EAD) that
allows applicant to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original GC applications on. This is very important for applicants, who are bound to a particular employer for 6+ years due to GC processing delays.
allows spouse to get out of the house and contribute to American economy.
eliminates the need for continually renewing temporary skilled visa
A 21+ year old child can not be filed with primary applicant. However, once AOS is filed the child is "safe" regardless of how long USCIS takes to approve AOS. (My son turn 21 in mid-January 2008: darslee)
provides Advanced Parole (AP) for travel without visa -> saves Embassy overhead
application processing, which includes name checking that can take 1+ year, can be done while waiting for GC #.
USCIS gets a better load estimate for load balancing.
What happened
Applicants started filling forms on June 13th
Some applicants mailed forms on June 29th
USCIS announced on July 2 that it will not accept forms recieved on or after July 2
Why does it hurt
Waiting in line for 6+ years due to previous GC processing delays
Very little chance of legislative relief for a long time.
Rejected June filers can not re-file.
Some applicants did not file in June (due to prior engagements) because they had the option of filing in July.
$'s lost on re-applying
Lawyers who charged $1000+ for filing will not refund service fee and charge for additional processing
Medical will not be valid after 1 year and photos will not be valid after 6 months.
estimated expenses for at least 100,000 applicants is $6,000+ million in filing fees, medical examination expenses, incidental expenses such as travel, photocopying, phone calls, courier, etc., not including the 2-3 days of preparation time expended by each family as well as lost productivity experienced by applicants’ businesses due to absence from work
Fees increasing 66% starting Aug 1 2007; should consider July applicants under old rate
USCIS which is supported 90% by application fee should pay some attention to applicants
Special cases
I applied for H1B extension when my PD was current. Since my PD was current, I got 1 year extension. However, I could not apply for AOS. Now, I have to re-apply for H1B extension after 1 year. (??)
I could not apply in July. I had planned overseas trip on July 8th. What happens if my date becomes current before I return? (andyny73)
Individual trauma and stress
Thousands of individuals and businesses rely on the monthly bulletins to prepare and plan for the submission of applications. This update sets a terrible precedent, and undermines this nation’s efforts to foster legal and orderly immigration.
Patience is not just a virtue but a way of life for millions of legal immigrants who have been living in US for 6+ years. Besides everyday stress of job, mortgage, health and education of their children, they live with the added suspense of their GC application. (from vasa)
We are raising families here, our everyday life is no different from any other AMERICAN middle class family with same expectations and hopes. So it is not easy to presume that we can pull out or get out of this situation and return to our home countries. (from vasa)
The biggest loss is trust: Can we trust and rely on visa bulletin to prepare AOS application?
Applicants will always live in fear untill they receive receipt #
USCIS history
376, 345 GCs went unused from 1992-2006 mainly due to USCIS inefficiency
According to page 35 of ombudsman report, This loss of visas is due to:
gaps in USCIS’ accounting of cases;
USCIS not processing enough pending applications in a timely manner; and
the imprecise art of predicting workflows and demand surges at three federal agencies:
Department of Labor (DOL) (approves labor certifications);
USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and
DOS (establishes priority dates and processes immigrant visas from applicants outside the United States).
Comparison with Undocumented
more...
house Frankie Sandford Handbags
santa123
07-25 06:13 PM
Dear Attorney,
I am about to file my I140.
I am in the US on L1B with company A and my GC is for future employment with Company B.
The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.
In this case what is my best option, AOS or CP?
Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?
Looking forward to your guidance. Thanks a ton!!
I am about to file my I140.
I am in the US on L1B with company A and my GC is for future employment with Company B.
The unknown for me is that when my dates become current, I might be in my home country after completing my US assignment or in another assignment in the US itself.
In this case what is my best option, AOS or CP?
Can I choose CP now and if I am in the US when my dates are current, switch to AOS quickly and still file my I485?
Looking forward to your guidance. Thanks a ton!!
tattoo Frankie Sandford
sounakc
08-13 05:23 PM
riends need ur suggestion/help regarding the following matter:
filed my I-485 in july 07. submitted my G325A form. didnt filed for my wifes AOS. since she was in india and we were mutually drifting apart. only mentioned her name in the G325A form, since she was still legally my wife.
Now the official relief came as divorce this month.
my question is do i need to send USCIS an updated G325A mentioning about my divorce? (along with a divorce certificate)
will it create any problem when I try to include my next better half in future.
filed my I-485 in july 07. submitted my G325A form. didnt filed for my wifes AOS. since she was in india and we were mutually drifting apart. only mentioned her name in the G325A form, since she was still legally my wife.
Now the official relief came as divorce this month.
my question is do i need to send USCIS an updated G325A mentioning about my divorce? (along with a divorce certificate)
will it create any problem when I try to include my next better half in future.
more...
pictures pictures Frankie Sandford of
GetGC08
07-30 05:01 PM
Both these are separate processes and note that the I-140 is for a future job.So relax.
Hello Samay,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2??Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $ 65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
Hello Samay,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2??Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $ 65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
dresses Frankie Sandford steals
grupak
02-13 02:50 PM
Grupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
WD's comment was in the context of removing country cap.
I know we all say things in jest. However, the only solution is (1) increase visa numbers and (2) remove/significantly increase country cap. Otherwise the problem still remains, and IV will continue to fight for a fix.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
WD's comment was in the context of removing country cap.
I know we all say things in jest. However, the only solution is (1) increase visa numbers and (2) remove/significantly increase country cap. Otherwise the problem still remains, and IV will continue to fight for a fix.
more...
makeup Frankie Sandford Leaves Mahiki
H1BinNY
07-04 09:46 AM
Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.
http://www.npr.org/about/pitch/
NPR - this might help
Matt Gallivan
mgallivan@npr.org
http://www.npr.org/about/pitch/
NPR - this might help
Matt Gallivan
mgallivan@npr.org
girlfriend Frankie Sandford papped out in
vikki76
01-15 04:57 PM
I agree Teddykoochu.
Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.
It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.
This only reminds me of the famous poem by Martin Niem�ller which goes like this.
"First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.
Well said.
African americans were never allowed to vote directly. There was no law which said that african american can't vote (AFAIK) but there was a small addendum, only those people can vote whose grandfathers had also voted or something similar. Since african americans came only 50 yrs ago,there was no way they could have fulfilled that grandfather requirement.
These changes in H-1 are similar.
Think what will happen if they woke up one fine morning and start another new interpretation of an existing law and then later they start doing it retroactively; just imagine the cascading effect.
It does not matter which side of the ship is taking fire. It seems to me that people on the left side of the boat are happy that the firing is only on the right side, forgetting it is the ship as a whole which is taking fire.
This only reminds me of the famous poem by Martin Niem�ller which goes like this.
"First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
To get the gravity of the situation, substitute it with which ever suits you ! EAD/consulting H1/direct H1/AOS pending/485 not filed/EB3/2/1....etc etc.. Behind all these fancy terms, numbers and notations there are people, children and families who are going thru difficult situations.
Well said.
African americans were never allowed to vote directly. There was no law which said that african american can't vote (AFAIK) but there was a small addendum, only those people can vote whose grandfathers had also voted or something similar. Since african americans came only 50 yrs ago,there was no way they could have fulfilled that grandfather requirement.
These changes in H-1 are similar.
hairstyles Frankie Sandford,
logiclife
06-28 04:29 PM
So, what did your lawyer say? Would sure love to know, once you hear back.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
amitjoey
07-03 04:59 PM
If we report "Unofficial report of Scandal at USCIS". That will be picked up by everyone. I am sending it to all the reporters, please help out. We need hundreds of emails to be sent out to create the ripple, or should I say the flood.
4th of JULY is a great day to get this published.
4th of JULY is a great day to get this published.
snathan
01-15 09:15 PM
USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.
Stop your crap...your argument is irrelavent and does not have any logic.
Stop your crap...your argument is irrelavent and does not have any logic.
