unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
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purplehazea
06-26 03:23 PM
1) This forum is for skilled legal immigrants
2) Any talk about illegal 'rights' and 'plight' is irrelevant to our discussion
3) Getting defensive about illegals or being offensive to any ethnic community is a sharp deviation from our proposed objectives at IV
4) If we do not have anything constructive to contribute while CIR dies, we should rather have constructive decisions about legal immigration bills or topics
5) Lets stay united and fight it out even though the chips may be down right now.
2) Any talk about illegal 'rights' and 'plight' is irrelevant to our discussion
3) Getting defensive about illegals or being offensive to any ethnic community is a sharp deviation from our proposed objectives at IV
4) If we do not have anything constructive to contribute while CIR dies, we should rather have constructive decisions about legal immigration bills or topics
5) Lets stay united and fight it out even though the chips may be down right now.
abracadabra102
05-10 09:59 AM
A suggestion about the contents of these emails/letters:
Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.
I see 2 problems with this:
1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.
In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.
Examples:
Impact on US economy:
- I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business
Impact on our families:
- My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork
Impact on the communities:
- Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.
Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!
-a
good job!
Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.
I see 2 problems with this:
1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.
In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.
Examples:
Impact on US economy:
- I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business
Impact on our families:
- My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork
Impact on the communities:
- Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.
Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!
-a
good job!
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santhi_krishna
08-13 11:10 PM
Did you get this notice or did your lawyer? Do you have an I-140 LUD update?
My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.
My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.
more...
another_wei
08-24 08:45 PM
Mailed I-485 on July 19th
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
mirage
03-06 03:18 PM
Somebody was asking a question about what was passed by Congresswoman Zoe Logfren, it was H.R. 1127, not related to us but still a immigration related bill for more info check
http://www.immigration-law.com/
http://www.immigration-law.com/
more...
harrydr
11-17 03:39 PM
Done. Twice, one from my e-mail and the 2nd from my wife's e-mail.
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trueguy
07-27 11:29 PM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
When EB3 was getting 100K visas in past, it wasn't EB3-I. It was all 265i applicants who took all those numbers and EB3-I was still getting only 3000 visas everyyear (except 2007 bcoz of Jul fiasco).
Thats why EB3-I is retrogressed so heavily.
When EB3 was getting 100K visas in past, it wasn't EB3-I. It was all 265i applicants who took all those numbers and EB3-I was still getting only 3000 visas everyyear (except 2007 bcoz of Jul fiasco).
Thats why EB3-I is retrogressed so heavily.
more...
satish_hello
08-22 03:48 PM
I am seeing lot of guys filed in july2nd, not many in in july3rd to july16 filer.
Even some of them filed in july2nd are not received receipt yet, did you guys see any one got the receipt july3rd to july16th.
-satish
Even some of them filed in july2nd are not received receipt yet, did you guys see any one got the receipt july3rd to july16th.
-satish
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crazy_gc
06-10 12:12 PM
What service center was it from? Was it a concurrent filing of I140 and 485?
NSC and it was just 140...yet to dispatch 485 application
NSC and it was just 140...yet to dispatch 485 application
more...
gondalguru
08-06 08:36 PM
People with soft LUD on I-140 on 7/13 are getting their I-485 approved from TSC. Nothing concrete but a trend. Hope for the best.
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unitednations
03-08 08:22 PM
If many EB3-I folks are getting GCs then why is EB3-I PD stuck in 2001? Shouldn't it move?
One other note; those eb3 to eb2 conversoins original priority dates were 2003 in eb3.
One other note; those eb3 to eb2 conversoins original priority dates were 2003 in eb3.
more...
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GCStatus
09-15 02:36 PM
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
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simple1
05-02 12:56 PM
Hi,
Sent email to IV core emails listed in
http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49
Thanks,
I know that IV core members are busy with their own jobs and helping with IV but I think this is an important discussion because it can be done with an administrative fix. If primary applicants are allotted GC's from EB 1,2 and 3 and dependents from FB2A it saves a lot of visa numbers. Somebody pls contact IV core directly and get them involved in this discussion.
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
Sent email to IV core emails listed in
http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49
Thanks,
I know that IV core members are busy with their own jobs and helping with IV but I think this is an important discussion because it can be done with an administrative fix. If primary applicants are allotted GC's from EB 1,2 and 3 and dependents from FB2A it saves a lot of visa numbers. Somebody pls contact IV core directly and get them involved in this discussion.
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
more...
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Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
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485Mbe4001
03-26 02:07 PM
i know for a fact that 2 of my friends who were stuck in namecheck and had current PD got their GC approval emails 3-4 days after the rule was passed. I have EB3 PD of mid 2002 and was stuck in NC for 3+ years, i got a soft LUD one week after the rule was passed. it was the first LUD after 2 years.
NC was hell and i hope people dont go through what we went.
It is on main web page of IV.. How come I can be ignorant even if I wanted to be?:)
Yes, it would "improve" Name Check with coparision to what we have observed so far. But it still have following loop holes and flaws.
Reference:
http://blogs.ilw.com/gregsiskind/files/Mocanu_New_USCIS_NC_Procedures.pdf
Now I generally read and analyze. Do not just read.:)
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
NC was hell and i hope people dont go through what we went.
It is on main web page of IV.. How come I can be ignorant even if I wanted to be?:)
Yes, it would "improve" Name Check with coparision to what we have observed so far. But it still have following loop holes and flaws.
Reference:
http://blogs.ilw.com/gregsiskind/files/Mocanu_New_USCIS_NC_Procedures.pdf
Now I generally read and analyze. Do not just read.:)
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
more...
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yetanotherguyinline
07-10 06:35 PM
--
I just sent a PM to him with the details. yetanotherguyinline, please check your PM.
got it, thanks....
I just sent a PM to him with the details. yetanotherguyinline, please check your PM.
got it, thanks....
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msp1976
05-02 01:18 PM
I have read many bills in last year and a half. There are a bunch of such bills pending..The problem is that they just stay pending...Unless that gets placed on the senate calender introducing the bill is useless...
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fall2004us
08-13 08:14 PM
Here is my update:
EB2 - India
PD - Sep/2006
I 140 approved - Dec 2006
I 485 Date received July 2nd 2007
RD - checks were cashed (date - July 30, 2007)
FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)
So far no receipt by mail, application is at Nebraska.
EB2 - India
PD - Sep/2006
I 140 approved - Dec 2006
I 485 Date received July 2nd 2007
RD - checks were cashed (date - July 30, 2007)
FP - Got a mail from USCIS regarding finger printing (scheduled - August 29,2007)
So far no receipt by mail, application is at Nebraska.
nikreddy
06-26 05:46 PM
guys new to this forum. Was in another forum. But here is the real deal.
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
Its not a question of blood sucking etc...i know, i was very involved in my company. The real reason for delaying the I-485 process is the company has to really disclose a lot ( i mean a lot) of its financial information about itself to USCIS,( including the latest tax returns) etc..
A lot of small business do not want to do that as they differ their taxes for years. Tax differment is not new ( read about News Corp). These companies do not want to get into these situations.
thats it my 2 cents...from the inside
Zeb
07-25 08:33 AM
While landing which car shud we take?
Own or rental?
Its better to use rental car, as i did landing on june30, 2008 and the canadian customs asked me to either transfer the car or take it back to USA.
Own or rental?
Its better to use rental car, as i did landing on june30, 2008 and the canadian customs asked me to either transfer the car or take it back to USA.
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