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WaldenPond
04-09 10:43 AM
Hello gc_2010,

Thanks for the excellent suggestion. Would request you to please let us know of any group or orgs that you think will be ready to endorse us?

We do not have exclusion policy for any type of orgs. If you have any suggestions or could provide any leads to any orgs or community, please help us reach such orgs and help this effort.

Thanks,
-WP
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makemygc
06-17 05:27 PM
Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.

Hmmm...we realized that after reading immigration-law.com. Earlier USCIS was lenient and they used to issue RFE but it seems that since so many application will be filed in coming months, they are going to be strict and will deny the application without issuing RFE.
Thanks for bringing out attention to it.
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mirage
03-16 04:44 PM
I would put this News letter in one of the 'Most Informative' ones. It clear doubts about maintaining H1B/EAD it talks about changing jobs on AC21. Intresting to see that 3 years EAD/AP thing as well as he mentions about the combined EAD/AP document. Attorney Ron Gotcher is also very proactive on his forums, you can ask specific questions, he usually answers it the same day..
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immivjj
09-26 02:42 PM
Thank you gemini123 for the quick reply. I'm in Texas and have to get it renewed in Houston. I was talking to a broker who would get it done in about 10 days as I'm planning to travel to India next month.
He asked me to send the original pasport along with the I-94. That didn't seem right to me.
Should we also send a I-485 receipt copy?
Also, I have a expired visa in my passport but my H-1B is valid till May 2008. I'm planning to travel to India through Amsterdam and use my approved AP for reentering US. Would I need a tranist visa if I'm just chaging planes at the airport? Thanks!
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mayitbesoon
07-07 06:07 PM
Anyone who had good knowledge of AC21 same/similar, please reply.
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.

is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.

is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
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shaq
02-14 08:32 AM
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.

Thank you
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voldemar
03-01 12:41 PM
Labor RIR Case from MN (Approved Recently)
Labor RIR Case from TX (Approved Recently)
Labor PERM EB3 (Approved in 2006)
Paid so far 8K (including USCIS Fees)

Lawyer is asking more now for
Filing I-140 - I-485 - EAD - AP (for both me and my wife)

Have I paid too much? Should I pay more to him?
Your lawyer is cheap. I paid 7500 for 1 labor certification.
Question for you. What USCIS fees did you pay. I don't recall any USCIS fee on labor stage.
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smsthss
11-20 08:34 AM
I received an RFE too in Nov 1st week. It was about the evaluation. (It was submitted earlier but still) Lawyer mailed them the required document and now the status has changed to "We received your response to the request on Nov 14th and the case processing has resumed".

How many days does it take them now to make a decision? (Btw I am EB3 and my 140 submission date was Nov 2006)
lookin at the approvals i think it will take anywhere from 1-3 months
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gg10004
07-19 04:04 PM
Nothing would be done until we fight the crap
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US

Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.

Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.

You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
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sbind_77
09-16 08:20 AM
Interesting. Why do they need FP now?
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dhirajs98
08-24 10:10 AM
NSC received my AOS packet on July 24th and all my checks cased yesterday. I file I140 and I485 concurrently.
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karthikgk
06-14 04:20 PM
porting can be beneficial but attempt it only if you are 100% sure that it will succeed and talk to your lawyer before you do it and don't attempt to do it yourself. it will be a lengthy process with increased scrutiny. 3-4 months for labor and atleast 1 year for 140 processing and moreover DOL is making it tougher for EB2 with strict adherence to the rules and increased scrutiny. after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage. if any EB3 person has EAD, AP then it would be best to play it safe and stay with EB3 as you already have the benefits of EAD and AP. I know it would be much much better if you have a green card, but would you have it safe and sure or do you want to go through all the stress of refiling and preparing for all the problems in the process? it should be ones own personal choice. moreover I am hopeful that things will move favorably after the elections with the immigration reform and might result in some relief for all EB categories

Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?

Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
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gbof
10-26 04:22 PM
consult a good immigration attorney.....they know how to navigate the legal mumbo jumbo and what kind of response that needs to be sent.....

Thanks, My attorney is responding in a day as we have all approvals to mail out. I am trying to make sure that there is nothing left to chance. Also if there are others who faced this as for J1/J2 visa
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mallu
02-29 12:23 AM
Dear members,

I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

I appreciate your help

I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).
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dan19
02-08 05:54 PM
Read this...United Nations had posted this in some other forum.

>>>>

Here is the easiest reading. It is from November 2005 bulletin. They specifically stated that the 7% limit was going to apply.

http://travel.state.gov/visa/frvi/b...letin_2712.html

D. EMPLOYMENT PREFERENCE VISA AVAILABILITY

The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.

WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
WILL THERE BE CUT-OFF DATES FOR ANY ADDITIONAL FOREIGN STATES IN THE FIRST AND SECOND PREFERENCE CATEGORIES?

It may be necessary to establish a cut-off date for the “All Chargeability Areas” Second preference category at some point during the second half of the fiscal year. It is too early to estimate whether future demand will warrant such action. As of October 1st, cut-off dates for the First and Second preferences for China and India were established due to heavy demand; cut-off date movement is expected to be limited until a demand pattern has been determined.

WHY ARE THERE CUT-OFF DATES THIS YEAR AS OPPOSED TO PREVIOUS YEARS, WHEN THE CATEGORIES WERE CURRENT?

While the Employment categories had been “Current” for almost four years, several important factors affected the decision to implement cut-offs for FY-2006.

Prior to July 2001, demand for Employment numbers was such that cut-off dates were in effect for many categories, and that is the case once again for FY-2006.
The reasons the Employment categories had become current were:

The American Competitiveness in the Twenty-First Century Act (AC21) recaptured a “pool” of 131,000 Employment numbers unused in fiscal years 1999 and 2000, and allowed those recaptured numbers to be used by the oversubscribed countries, and
The substantial decline in demand for numbers for adjustment of status cases prevented the annual limits from being reached for several years.
In FY we are faced with continuing heavy demand due to the DHS and DOL backlog reduction efforts, along with an Employment limit which is approximately 40% lower than that of FY-2005. The lower annual Employment limit is a result of the virtual elimination of the “pool” of recaptured AC21 numbers, returning us to the pre-July 2001 situation.

WHAT ABOUT SCHEDULE A NUMBERS?

The 50,000 Schedule A numbers will provide relief to many Employment preference applicants, since any Schedule A applicant whose priority date is beyond the relevant Employment preference cut-off date can be processed and charged against the 50,000 limit. It is expected that Schedule A numbers will be available on a “Current” basis throughout all of FY-2006.

HOW IS THE EMPLOYMENT-BASED PER-COUNTRY LIMIT CALCULATED?

Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
The AC21 removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
In recent years, the application of the rules outlined in AC21 has allowed countries such as China – mainland born, India, and the Philippines to utilize large amounts of employment numbers which would have otherwise gone unused.
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
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dallasdude
05-27 11:19 AM
This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?

You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card will be charged once, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)

So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.
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ashkam
12-10 11:10 AM
Ok I think we are reaching new heights of RIDICULOUS here. An IV member has asked a SIMPLE question about whether or not an Indian citizen needs a visa for the Bahamas.

Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?

Agree with eb3_nepa. Couldn't have said it better. Bullying people is usually not a very effective tool for recruitment.
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lazycis
12-15 09:33 PM
Legalese was never my strong point. Which part says that EB-1 unused must go to EB-2 of same category, and then to EB-3?

(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1),...

(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
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unbreakable
12-22 02:18 PM
This link http://www.techcrunch.com/layoffs/ would give an idea of what's happening with tech jobs around the world.
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return_to_india
02-08 08:08 PM
Hello guys,

......................
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?

.............
Thanks

Yes, a new passport ( from one of the US embassies in India). I don't think it is a new PIO card, but the new passport number will be 'annotated' in the Passport ( Indian embassies in US charge $20 for that ).
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quizzer
03-29 03:54 PM
i did mine at SFO..photo was 2*2

duration was 3 weeks.

i applied by mail.
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