shreekhand
08-03 12:45 AM
FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
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james_bond_007
03-13 12:01 AM
Congratulations !!
Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..
Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..
dipu76
06-01 08:11 PM
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
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Dustinthewind
01-04 12:33 AM
Everyone -
I've been going through my own immigration issues like everyone else in this forum. It is really sad to see that immigration bills such as the Visa Re-Capture and others that would have been greatly beneficial to us are making little to no progress. I've been thinking about a way to make a difference for a long time but felt helpless.
It is difficult to shed light on our problems in the media in a way that others (who are not in our situation) can at-least think about the struggles we go through. I'm sure everyone has been contributing in their own way to make our voices heard.
Today, I'm happy to share our small contribution to our issues. We are making a film called "Promise Land" to be released in Spring/Summer 2011 time frame. It's about the struggles that immigrants go through despite being legal and following the law. The film has multiple story lines dealing with family based immigration and employment based immigration.
Of course we would love to tell everyone's stories, but in 1 hour 30 mins we can only do so much. So we have attempted to share stories from our personal experience.
I hope that this movie is at-least a step in the right direction. We just released the trailer on Saturday. You can watch it at:
Videos Posted by Promise Land: Promise Land First Look Teaser [HD] | Facebook (http://www.facebook.com/video/video.php?v=911423233492)
OR on You Tube at:
YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)
Please show your support for this film by clicking on "Like" at Promise Land | Facebook (http://www.facebook.com/PromiseLandFilm)
Thank you so much. I appreciate it.
I wish everyone Happy New Year and hope that the day when you won't have to worry about immigration issues is just around the corner.
I've been going through my own immigration issues like everyone else in this forum. It is really sad to see that immigration bills such as the Visa Re-Capture and others that would have been greatly beneficial to us are making little to no progress. I've been thinking about a way to make a difference for a long time but felt helpless.
It is difficult to shed light on our problems in the media in a way that others (who are not in our situation) can at-least think about the struggles we go through. I'm sure everyone has been contributing in their own way to make our voices heard.
Today, I'm happy to share our small contribution to our issues. We are making a film called "Promise Land" to be released in Spring/Summer 2011 time frame. It's about the struggles that immigrants go through despite being legal and following the law. The film has multiple story lines dealing with family based immigration and employment based immigration.
Of course we would love to tell everyone's stories, but in 1 hour 30 mins we can only do so much. So we have attempted to share stories from our personal experience.
I hope that this movie is at-least a step in the right direction. We just released the trailer on Saturday. You can watch it at:
Videos Posted by Promise Land: Promise Land First Look Teaser [HD] | Facebook (http://www.facebook.com/video/video.php?v=911423233492)
OR on You Tube at:
YouTube - Promise Land First Look Teaser (http://www.youtube.com/watch?v=B7b3YogQ06M&hd=1)
Please show your support for this film by clicking on "Like" at Promise Land | Facebook (http://www.facebook.com/PromiseLandFilm)
Thank you so much. I appreciate it.
I wish everyone Happy New Year and hope that the day when you won't have to worry about immigration issues is just around the corner.
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glus
01-24 09:13 AM
Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.
Meanwhile anyone with any other opinion is welcome here. Thks all
hi there:
One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.
Best Regards,
Meanwhile anyone with any other opinion is welcome here. Thks all
hi there:
One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.
Best Regards,
rangaswamy
10-25 04:30 PM
Mine still says pending even though i received it 2 weeks ago....
but my spouses status was spot on through the process..
but my spouses status was spot on through the process..
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Desertfox
04-27 11:15 PM
I see the following in the USCIS website:
"Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."
Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?
You can definitely efile. I did not apply for EAD with my I-485 during July VB fiasco, but I efiled with the new filing fee in September 07 and got it approved in 2 months.
"Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."
Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?
You can definitely efile. I did not apply for EAD with my I-485 during July VB fiasco, but I efiled with the new filing fee in September 07 and got it approved in 2 months.
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anil_gc
11-30 12:27 PM
Since your PD is in 2006, It may be a mistake.
This month I have seen many applicatiions with PD - EB2-India Jan-2003 to Jan 2004 are approved.
If you see many other updates like "Card production ordered" "Welcome NEW permanent residents" in the coming days then it may be a real approval
This month I have seen many applicatiions with PD - EB2-India Jan-2003 to Jan 2004 are approved.
If you see many other updates like "Card production ordered" "Welcome NEW permanent residents" in the coming days then it may be a real approval
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extra_mint
05-25 02:44 PM
I think the problem is with the Poll.
The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.
So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
So mr moderator can u correct the poll ??
could it be true that only 23% of the folks who became current in May have got the approvals ? It almost the end of the month, I know that it need come in May but still...
or is it a case of people not bothering to come back here after the gety approvals -;)
Can someone start a thread for June approvals...
I know that June approvals will come only in June....but no harm in starting it and getting a count on how many are current starting june
I tried but was not sure how to setup a poll :rolleyes:
The moderator of the thread needs to correct it. I got my GC but when I try to go and poll change my status to card received it tells me I have already polled. Unless I am missing something.
So 74 people were current (not sure how many of them got approved) and 24 polled to say they got approved.
So mr moderator can u correct the poll ??
could it be true that only 23% of the folks who became current in May have got the approvals ? It almost the end of the month, I know that it need come in May but still...
or is it a case of people not bothering to come back here after the gety approvals -;)
Can someone start a thread for June approvals...
I know that June approvals will come only in June....but no harm in starting it and getting a count on how many are current starting june
I tried but was not sure how to setup a poll :rolleyes:
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sammyb
04-20 06:53 AM
any luck with PIMS pre-verification ... please share ...
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
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BornConfused
07-03 10:21 AM
u talk like a kid in class II.
In the second grade you mean? And yet you're the one using "u" and in lower case letter. Chill and use your sense of humor if you have one.
In the second grade you mean? And yet you're the one using "u" and in lower case letter. Chill and use your sense of humor if you have one.
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unitednations
04-04 01:49 PM
Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
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solaris27
04-20 02:41 PM
6 months
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jagran
07-31 03:11 PM
From where you got this fact? If this is the fact then PD won't be hovering in 2001 since last 5 years. In those days, PD for EB3 was always current so every body applied in EB3.
The Sept bulletin will be
EB2I - Dec 03
EB3I - U
The Sept bulletin will be
EB2I - Dec 03
EB3I - U
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camphor
09-11 08:54 PM
Thanks guys for your responses.
My AOS application was filed on July 1st by my lawyer. On the receipts,
the received date for 485, EAD & AP is July 2nd whereas the Notice Date is Aug 31. 485 application was transferred to Lincoln, NE (NSC) and EAD & AP are processed by CSC (California). Hope this helps.
My AOS application was filed on July 1st by my lawyer. On the receipts,
the received date for 485, EAD & AP is July 2nd whereas the Notice Date is Aug 31. 485 application was transferred to Lincoln, NE (NSC) and EAD & AP are processed by CSC (California). Hope this helps.
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hope2007
05-22 11:20 AM
plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
;)
;)
more...
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skumar9
04-13 03:20 PM
In my Query it states as 30 days...
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h1techSlave
10-01 11:02 AM
I just wanted to point out that a delayed FBI name check is useless any way.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
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pankajkakkar
09-14 03:59 PM
And several other anti-immigrant newsletters/blogs have been talking about this today.
This particular amendment should be brought up during lobby day. Those of us not making it to the rally should be calling Congressmen to ensure that this amendment passes!
This particular amendment should be brought up during lobby day. Those of us not making it to the rally should be calling Congressmen to ensure that this amendment passes!
jsb
08-29 01:10 PM
Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?
This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.
They should better post where they are based on PDs, and work based on that too.
This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.
They should better post where they are based on PDs, and work based on that too.
sammyb
10-19 04:54 PM
if you want to pay $100, it is easy. lesser amount is very difficult. I went through pain of using my banks online bill pay. It took me an hour to set it up. And couple of days back I received an email saying the bill has been returned - probably because it is more than 90 days!
I lost valuable time , IV lost some donation.
I am not sure why paying less than $100 has been made so difficult.
if you ask me I would feel comfortable to contribute a varying amount of donation every month ... at present we have pre-determined donation option ... which I feel sometime deter people from contributing ... unless we have some issue from the service providers, can go for a user entered donation option along with the existing pre-determined options ...
I lost valuable time , IV lost some donation.
I am not sure why paying less than $100 has been made so difficult.
if you ask me I would feel comfortable to contribute a varying amount of donation every month ... at present we have pre-determined donation option ... which I feel sometime deter people from contributing ... unless we have some issue from the service providers, can go for a user entered donation option along with the existing pre-determined options ...
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