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jnraajan
04-07 11:38 AM
Last year there were not unused visas.
Worldwide Employment-Based preference limit: 147,148
Actual number of EB visas issued: 154,458
Check Immigrant visas FY 2007 (http://www.travel.state.gov/pdf/FY07AnnualReportTableV.pdf)
That is true. but it only happened because of the aggressive Visa Date setting of DOS and hence the Visa Fiasco..
I dont think you can expect something similar this year
Worldwide Employment-Based preference limit: 147,148
Actual number of EB visas issued: 154,458
Check Immigrant visas FY 2007 (http://www.travel.state.gov/pdf/FY07AnnualReportTableV.pdf)
That is true. but it only happened because of the aggressive Visa Date setting of DOS and hence the Visa Fiasco..
I dont think you can expect something similar this year
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greatzolin
08-22 01:00 PM
not that it matters but do you know who signred for it and the time at NSC?
thanks in advance!
thanks in advance!
dagu1234
06-20 12:38 AM
So. Cal Members - There is an update posted on our State Chapter's group. you should have an email in your Inbox if you had notifications tuned on. Please act NOW.
Hi
I requested for souther California state chapter membership 1-2 weeks ago. but it is still not approved.
Your membership is awaiting approval by the group owner
Can you please make sure it gets approved? I called all listed senators 3 times + I donated $150 so far.
Thanks
Hi
I requested for souther California state chapter membership 1-2 weeks ago. but it is still not approved.
Your membership is awaiting approval by the group owner
Can you please make sure it gets approved? I called all listed senators 3 times + I donated $150 so far.
Thanks
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ajm
04-13 09:25 PM
Another helpful "negative feedback" is the trend of GC applicants stuck in the system moving out of the US. Understandably, most immigrant are reluctant to take this tough step but the trend is here and it grows like a snowball.
Excellent point!
Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.
Excellent point!
Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.
more...
gc_dreamer_485
10-10 03:29 PM
Has anyone sent I-120 application to USCIS to get their I-94 extended?
What would be the basis for them to give extneded or issue a new I-94.
Should i send the copy of my passport with the visa stamping in it?
What would be the basis for them to give extneded or issue a new I-94.
Should i send the copy of my passport with the visa stamping in it?
BharatPremi
12-09 04:27 PM
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
Yes audit questions seem to be hinting screw up from employer side but then also it can not be judged exactly on the same line without going into detail of provided job classification, job requirement and furnished docs from employee.Now all of the areas you mentioned are crucial from employer side and in addition to that "employee's degree" evaluation is also done at labor stage,(PERM or OLD LC). Please see following link.
http://www.usabal.com/permres/PERM_Overview.html
Now logically screw up can occur at one of the two or both segments. "Employee side related docs and process" and "Employer side docs and process". I was kind of trying to know whether poster might not have screwed up anything from his side. You covered the areas "from employer side" - whether it may be business necessity and/or recruitment results. Now if employee's docs have conflict with any of "business necessity" for an example evaluation cert depicts MS (Electrical Engineering) and "business necessity" is to hire "MS (Computer science) then also it could create the problem. In such case employer/lawyer if can establish that MS (Electrical) can also that job then matter is finished..
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
Yes audit questions seem to be hinting screw up from employer side but then also it can not be judged exactly on the same line without going into detail of provided job classification, job requirement and furnished docs from employee.Now all of the areas you mentioned are crucial from employer side and in addition to that "employee's degree" evaluation is also done at labor stage,(PERM or OLD LC). Please see following link.
http://www.usabal.com/permres/PERM_Overview.html
Now logically screw up can occur at one of the two or both segments. "Employee side related docs and process" and "Employer side docs and process". I was kind of trying to know whether poster might not have screwed up anything from his side. You covered the areas "from employer side" - whether it may be business necessity and/or recruitment results. Now if employee's docs have conflict with any of "business necessity" for an example evaluation cert depicts MS (Electrical Engineering) and "business necessity" is to hire "MS (Computer science) then also it could create the problem. In such case employer/lawyer if can establish that MS (Electrical) can also that job then matter is finished..
more...
otro+
06-14 10:38 PM
I got my house loan 4 years ago.
Everybody at that time recomended Credit Unions. after talking to lender and telling them about the rate of credit unions, they were never able to desqualify Credit union, beside credit unions will probably never sell your mortgage to third parties. you will actually talk to the real lender no brokers.
Everybody at that time recomended Credit Unions. after talking to lender and telling them about the rate of credit unions, they were never able to desqualify Credit union, beside credit unions will probably never sell your mortgage to third parties. you will actually talk to the real lender no brokers.
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gsc999
05-27 11:04 PM
Hello Gus
My understanding is that Sen Maj. Leader and Min leader pick senate
conferees. Similar with house. Democrats support the bill. Most of the
republicans oppose it. House and Senate Bill are different like day and
night. The bill has to pass because.
1. Enforcement and Boarder protection is highly needed and the house
really want it. If they need it they have to make some sacrifice accepting
guest workers program with slight modification etc. Otherway the CIR supporting conferees may not agree and bill dies leaving things same as now
which nobody wants.
2. Election is approaching. Most of the leaders in Rep party openly admitted
that Enforcement only bill will affect them adversly
3. Mr. Persident is a strongly supporting Guest Worker program.
4. If a enforcement only bill is pased thats going to affect the relationship
with Mexico.
I believe the House is against legal immigration too. Otherway some provisions might have survived in the budget bill. My biggest worry is that
if CIR supporters and Opposers (conferees) will be happy to remove legal immigration provisions in the in the reconcilation process and call it deal!
thanks
babu
My understanding is that the legal immigration provisions were dropped from the "Budget" bill because the senate was planning to re-introduce Conprehensive Immigration Reform (CIR) bill. House probably didn't want to address it in an ad-hoc manner. House Rep. have always said, Border first.
Honestly, from the senate debates it was obvious the issue is border security and illegal immigration. Legal immigrants took back seat in senate. Lets see if their issues are understood and the CIR passes House with the current provisions.
My understanding is that Sen Maj. Leader and Min leader pick senate
conferees. Similar with house. Democrats support the bill. Most of the
republicans oppose it. House and Senate Bill are different like day and
night. The bill has to pass because.
1. Enforcement and Boarder protection is highly needed and the house
really want it. If they need it they have to make some sacrifice accepting
guest workers program with slight modification etc. Otherway the CIR supporting conferees may not agree and bill dies leaving things same as now
which nobody wants.
2. Election is approaching. Most of the leaders in Rep party openly admitted
that Enforcement only bill will affect them adversly
3. Mr. Persident is a strongly supporting Guest Worker program.
4. If a enforcement only bill is pased thats going to affect the relationship
with Mexico.
I believe the House is against legal immigration too. Otherway some provisions might have survived in the budget bill. My biggest worry is that
if CIR supporters and Opposers (conferees) will be happy to remove legal immigration provisions in the in the reconcilation process and call it deal!
thanks
babu
My understanding is that the legal immigration provisions were dropped from the "Budget" bill because the senate was planning to re-introduce Conprehensive Immigration Reform (CIR) bill. House probably didn't want to address it in an ad-hoc manner. House Rep. have always said, Border first.
Honestly, from the senate debates it was obvious the issue is border security and illegal immigration. Legal immigrants took back seat in senate. Lets see if their issues are understood and the CIR passes House with the current provisions.
more...
priderock
07-12 02:44 PM
WHat happens when they return the visa number to DOS? Can they request them again later or these numbers are just wasted for this year?
Thanks!
Since the year is not over yet (until SEP30) , DOS can adjust the dates in next (interim ?) bulletin accordingly. That does not mean they become current like original Jul bulletin did , but at least some people will be able to file.
Thanks!
Since the year is not over yet (until SEP30) , DOS can adjust the dates in next (interim ?) bulletin accordingly. That does not mean they become current like original Jul bulletin did , but at least some people will be able to file.
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gc_chahiye
12-26 11:09 AM
So you mean I should not even think of invoking AC21 EVEN after 180 days ?
go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).
At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.
P.S: I am also planning to invoke AC-21 to switch jobs.
go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).
At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.
P.S: I am also planning to invoke AC-21 to switch jobs.
more...
Dhundhun
04-02 09:22 PM
So for PD used to retrogress, after going though document other things also have retrogressed, e.g.:
-- Name check
-- Multi year EAD
Thanks HV000. It gave realistic status.
-- Name check
-- Multi year EAD
Thanks HV000. It gave realistic status.
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jung.lee
03-03 01:22 PM
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
more...
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hsm2007
10-18 10:59 AM
sbind,
Going to Initial Review after approval is scary but normal when you get done FP after approval. I think if you have the I-797 approval then there is nothing to worry about. If you follow a thread in tracki*t you will know that couple of people also got similar status change after FP.
Going to Initial Review after approval is scary but normal when you get done FP after approval. I think if you have the I-797 approval then there is nothing to worry about. If you follow a thread in tracki*t you will know that couple of people also got similar status change after FP.
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dagu1234
06-20 12:38 AM
So. Cal Members - There is an update posted on our State Chapter's group. you should have an email in your Inbox if you had notifications tuned on. Please act NOW.
Hi
I requested for souther California state chapter membership 1-2 weeks ago. but it is still not approved.
Your membership is awaiting approval by the group owner
Can you please make sure it gets approved? I called all listed senators 3 times + I donated $150 so far.
Thanks
Hi
I requested for souther California state chapter membership 1-2 weeks ago. but it is still not approved.
Your membership is awaiting approval by the group owner
Can you please make sure it gets approved? I called all listed senators 3 times + I donated $150 so far.
Thanks
more...
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willwin
10-19 11:43 AM
disclaimer:
This looks promising to me having an EB2-India -Sept 2005 priority date.
I can totally understand a 2005 India EB3 filer thinking this is the worst news ever...and i do feel ur pain.
Why do you think so?
I am EB3-Mar2005(RIR)-India-CP.
This looks promising to me having an EB2-India -Sept 2005 priority date.
I can totally understand a 2005 India EB3 filer thinking this is the worst news ever...and i do feel ur pain.
Why do you think so?
I am EB3-Mar2005(RIR)-India-CP.
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hpandey
10-19 10:48 AM
Any number lesser than 800,000 is good for us.. doesnt mean all is well.. we have to continue in our efforts with IV and we could have a better breakthrough..
Anything less than 800,000 is good... even a few hundred thousand less :) There's still a lot of work and patience required but a good news is a good news nevertheless.
Anything less than 800,000 is good... even a few hundred thousand less :) There's still a lot of work and patience required but a good news is a good news nevertheless.
more...
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sundarpn
10-01 11:03 AM
Need to travel via British airways. H1b visa is expired and need to get UK transit visa.
Any experiences on the quickest way to get this?
thx
Any experiences on the quickest way to get this?
thx
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ganguteli
02-10 01:30 PM
I just want to know why people think like that. Whoever I talk to thinks that after getting EAD everything is good and greencard is not that important. Is that true.
Let us discuss pros and cons of EAD.
Let us discuss pros and cons of EAD.
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eb3retro
04-10 10:45 AM
wow...New Jersey is really becoming a place for Scumbag employers huh...
memyselfandus
06-14 11:13 PM
No banks can match the deal of Penfed.org. My brother in law and younger brother bought their mortages from them.
I don't own a home, I don't belive it is right time to buy the home. If you can wait, wait till next Summer.
I don't own a home, I don't belive it is right time to buy the home. If you can wait, wait till next Summer.
vvr_rao
06-11 09:33 AM
For the people who are still waiting for their receipt notice after more than a month, are there any cases where people actually received the receipt notice after a month?
I'm in the same boat. I paper filed my application (thro attorney). They sent my papers by Fedex to Lewisville TX and I saw that it was recived on May 11 (signed for by "J. Walker")
I still haven't got my receipt notice and my cheques haven't been cashed. I called UCSIS today (30 days) and they told me they will send a mail to somebody and I should wait another 30 days for a reply
I'm wondering whether to give up on that application and e-file.
Advice?
I'm in the same boat. I paper filed my application (thro attorney). They sent my papers by Fedex to Lewisville TX and I saw that it was recived on May 11 (signed for by "J. Walker")
I still haven't got my receipt notice and my cheques haven't been cashed. I called UCSIS today (30 days) and they told me they will send a mail to somebody and I should wait another 30 days for a reply
I'm wondering whether to give up on that application and e-file.
Advice?
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