saatiish
08-20 03:13 PM
Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
I thought there was a country limit on how many gcs are approved for a country per year. So even if there is a spill over - can a backlogged country like India use it because of the limit ?
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
I thought there was a country limit on how many gcs are approved for a country per year. So even if there is a spill over - can a backlogged country like India use it because of the limit ?
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Dipika
04-18 11:28 AM
Hi Guys i got this mail. I dont think i should be getting anything like this. What does it mean to you guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent for a standard interview.
On April 14, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Don't know how CIS is processing cases. Could you provide more deatails, like it's RIR or Non RIR, When filed I-140, whether it's approved or not? When filed 485, AP/EAD status etc... Meanwhile You can call IO to know further about the update on your case.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent for a standard interview.
On April 14, 2008, we transferred this case to our NATIONAL BENEFITS CENTER location to conduct the interview that is a standard part of processing this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. You will be sent a notice when the interview is scheduled, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Don't know how CIS is processing cases. Could you provide more deatails, like it's RIR or Non RIR, When filed I-140, whether it's approved or not? When filed 485, AP/EAD status etc... Meanwhile You can call IO to know further about the update on your case.
maverick_neo
08-14 01:44 PM
I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?
OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.
Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?
:confused:
Thanks in advance
OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.
Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?
:confused:
Thanks in advance
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desi3933
03-18 03:26 PM
.....
....
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.
....
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.....
H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.
I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.
Thanks for sharing your "sad" story!
________________
Not a legal advice.
....
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.
....
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.....
H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.
I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.
Thanks for sharing your "sad" story!
________________
Not a legal advice.
more...
shx
11-15 03:21 PM
The potential for misuse is too much. So I only support GC for someone with a PhD, even though I have a Masters.
corba
05-07 07:41 PM
I am working in IT field. Technology or field does not matter. I have seen people who did MS in US also got 221g.
My only understanding is If it's a big company, then they are issuing visa, But not guranteed ...
But for small companies / consultants, There will be a definite query / admin process is waiting for you.
My case is very genuine... I am working for this company since 2005 and I am the only one H1B employee.
I got my eb-3 140 approved from this employer only ...
And my wage is always above the determineed wages in Labor / LCA ...No gap in paychecks ...
Compnay also in profit mode always ...
So they approved my h1 extn 2 times in the past and approved my 140 also. Now what the heck they got doubt in the employer ...
My only understanding is If it's a big company, then they are issuing visa, But not guranteed ...
But for small companies / consultants, There will be a definite query / admin process is waiting for you.
My case is very genuine... I am working for this company since 2005 and I am the only one H1B employee.
I got my eb-3 140 approved from this employer only ...
And my wage is always above the determineed wages in Labor / LCA ...No gap in paychecks ...
Compnay also in profit mode always ...
So they approved my h1 extn 2 times in the past and approved my 140 also. Now what the heck they got doubt in the employer ...
more...
dwhuser
10-02 12:07 PM
Right now we don't have any savings, paid off the car as of Oct 30th. I was trying to figure about the money which we are going to save from here on...I will take all your advice, sounds so logical and keep the emergency fund for 6 months aside.
Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.
Thanks all for your time and advice. Let's keep it coming...
Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.
Thanks all for your time and advice. Let's keep it coming...
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pappu
01-27 01:02 PM
I agree. This is a good idea.
In these tough times we will allow people to create threads in this section to post their qualifications and also to post if they have any leads.
Let us try to help each other.
We have also started a social networking groups called 'IV Job networking' http://immigrationvoice.org/forum/group.php?groupid=1
You can also use that area to make friends.
Send me a PM if you have any ideas how we can improve our site to accommodate this need of our members.
In these tough times we will allow people to create threads in this section to post their qualifications and also to post if they have any leads.
Let us try to help each other.
We have also started a social networking groups called 'IV Job networking' http://immigrationvoice.org/forum/group.php?groupid=1
You can also use that area to make friends.
Send me a PM if you have any ideas how we can improve our site to accommodate this need of our members.
more...
thomachan72
03-01 07:28 AM
Very interesting. I thought affidavit from the mother or father along with a letter of non-availibility of birth certificate should be Ok.
Ofcourse the non-availibility is usally given in a piece of paper and not any official letter head. There might / might not even be an official seal in many cases.
Would be interesting to see what others think about your issue.
Ofcourse the non-availibility is usally given in a piece of paper and not any official letter head. There might / might not even be an official seal in many cases.
Would be interesting to see what others think about your issue.
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for_gc
04-04 12:13 PM
you guys are doing great job.we have been following you since the birth of I.V. .with each passing day our trust is growing more .you guys have acheived a lot so far as sometimes it becomes hard to believe that it's only few months old forum.our support is to all the old and new members.
more...
bugsbunny
04-15 03:24 PM
Forum related questions
1 How do I create New Thread?
2 What do red and green mean?
3 How to give green and Red?
4 What is a junior member/senior member?
5 How do I Private message someone?
6 How do I update my profile?
7 Where is the control Panel?
FREQUENTLY ASKED QUESTIONS/FORUM FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ)
1 How do I create New Thread?
2 What do red and green mean?
3 How to give green and Red?
4 What is a junior member/senior member?
5 How do I Private message someone?
6 How do I update my profile?
7 Where is the control Panel?
FREQUENTLY ASKED QUESTIONS/FORUM FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ)
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doknek
06-20 11:41 AM
as usual no email from GA chapter.
Same here. GA chapter google groups member
Same here. GA chapter google groups member
more...
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krishnagk
09-18 10:46 AM
HI JunRN
I have following in my receipt notice if I-765 receipt "Class requested : C09"
what does C09 means and is it correct type?
Also in my I-485 receipt after amount it says " Section : UNKNOWN" and priority date box is NULL.
Should I worry about theses?
Thanks
I have following in my receipt notice if I-765 receipt "Class requested : C09"
what does C09 means and is it correct type?
Also in my I-485 receipt after amount it says " Section : UNKNOWN" and priority date box is NULL.
Should I worry about theses?
Thanks
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krishnam70
10-02 06:18 PM
Hello Krishnam
Since your GC is for future employment, your current employer might not be able to support you on H1 but you can always get them to support you for future employment and so they can still not revoke your 140 petition process. So if possible be on good terms with them and ask them to keep your 140 process intact
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
1. What is your current status? H1/EAD? 140 approved/in process
a) If 140 is approved and you filed 485 and its been 180 days and if you meanwhile have an EAD in hand,
a1) then you can move to a new employer using the EAD or
a2) transfer H1 and have no problems with GC process.
If USCIS asks you then you say you are using AC21. At that time since your 140 is approved/contains all required initial evidence USCIS will not ask anything more. If they do however ask then your new company will need to provide all the required information again.
Required initial evidence, as specified under 8 CFR 204.5(g)(2), includes copies of: (1) annual reports, (2) federal tax returns, or (3) audited financial statements. The petitioner must submit a copy of at least one of these required documents
There is big thread on this forum somewhere about Initial evidence. Search should reveal it
b)If 140 is pending and you filed 485 and its been 180 days but you dont have an EAD, if 140 petition is not withdrawn then you can find an employer to support your H1 ( assuming you are on H1. Not sure abt L1 case)
-goodluck
Since your GC is for future employment, your current employer might not be able to support you on H1 but you can always get them to support you for future employment and so they can still not revoke your 140 petition process. So if possible be on good terms with them and ask them to keep your 140 process intact
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
1. What is your current status? H1/EAD? 140 approved/in process
a) If 140 is approved and you filed 485 and its been 180 days and if you meanwhile have an EAD in hand,
a1) then you can move to a new employer using the EAD or
a2) transfer H1 and have no problems with GC process.
If USCIS asks you then you say you are using AC21. At that time since your 140 is approved/contains all required initial evidence USCIS will not ask anything more. If they do however ask then your new company will need to provide all the required information again.
Required initial evidence, as specified under 8 CFR 204.5(g)(2), includes copies of: (1) annual reports, (2) federal tax returns, or (3) audited financial statements. The petitioner must submit a copy of at least one of these required documents
There is big thread on this forum somewhere about Initial evidence. Search should reveal it
b)If 140 is pending and you filed 485 and its been 180 days but you dont have an EAD, if 140 petition is not withdrawn then you can find an employer to support your H1 ( assuming you are on H1. Not sure abt L1 case)
-goodluck
more...
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austingc
07-08 05:25 PM
[QUOTE=austingc;1967464][[I]QUOTE=sammas;1967354]Probably the RFE might be related to photos not being sent. A friend of mine received a RFE for not sending the photos eventhough they are not required to be sent but he did not get any Biometrics notice.
Austingc,
What do you mean by lost in the email? What are you referring to here? I am sorry, I did not get what you are trying to mention here.
The RFE was to send the photographs. Online status also was changed to Request For Evidence and then once the photos were sent the status was changed back to resumed processing and after that the status was changed to Approved. Hope it is clear now.
Didn't you mention your friend did not receive biometrics notice? What I meant was he might not have received the biometrics notice to appear for finger print and photos. Thatswhy I said may be lost in the mail, since he did not appear for biometrics, USCIS issued an RFE to send photographs. Are you clear now?
Austingc,
What do you mean by lost in the email? What are you referring to here? I am sorry, I did not get what you are trying to mention here.
The RFE was to send the photographs. Online status also was changed to Request For Evidence and then once the photos were sent the status was changed back to resumed processing and after that the status was changed to Approved. Hope it is clear now.
Didn't you mention your friend did not receive biometrics notice? What I meant was he might not have received the biometrics notice to appear for finger print and photos. Thatswhy I said may be lost in the mail, since he did not appear for biometrics, USCIS issued an RFE to send photographs. Are you clear now?
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Circus123
02-10 02:47 PM
It is time again for setting expectations before the bulletin is released and then see it shattered like a glass falling on the floor :) Anyway here are my expectations:
MARCH 2008 VISA BULLETIN
-----------------------------
EB3-ROW March 2003
EB3-INDIA June 2001 (sorry had high hopes last time)
EB2-ROW C
EB2-INDIA June 2001 (change from U - Unavailable)
Please feel free to predict your expectations.
MARCH 2008 VISA BULLETIN
-----------------------------
EB3-ROW March 2003
EB3-INDIA June 2001 (sorry had high hopes last time)
EB2-ROW C
EB2-INDIA June 2001 (change from U - Unavailable)
Please feel free to predict your expectations.
more...
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Vlora
10-23 10:37 AM
The name check takes 2 years anyway, making a mockery of fast processing times. Even VSC, which is the slowest, takes less than 2 yrs for 485.
Wait a minute; I thought the name check is part of the I485 approval (and for those who file I-140 and I-485 concurrently, part of the I-140 approval). It wouldn't make any sense if the I-485 is approved and they are still checking the identity.
Also, the thread has been quiet due to lack of hope regarding the speed of processing centers (Wata, I am with you on the Nebraska one) and the unreliability of promises for improvements.
Wait a minute; I thought the name check is part of the I485 approval (and for those who file I-140 and I-485 concurrently, part of the I-140 approval). It wouldn't make any sense if the I-485 is approved and they are still checking the identity.
Also, the thread has been quiet due to lack of hope regarding the speed of processing centers (Wata, I am with you on the Nebraska one) and the unreliability of promises for improvements.
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singhsa3
01-10 08:36 PM
Labor substitution case..eh..
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
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ivuser
02-16 04:24 PM
Changing company after getting Green Card
I would like to discuss this important topic about changing company after getting Green Card (GC).
I do understand this topic was discussed in the past and lot of our members may have enough information about the topic. The reason why we need this new thread is to consolidate various immigration lawyers’ opinion in this matter, so that our members could take informed decision.
Question is how long one should work for the same company, through which they are getting the Green Card?
My Opinion:
Do not change job at least for 1 year. The law does not specify the duration for which you should work for the company through which you got the GC.
The official rule is that you must not have any preconceived intention to leave the job when you get your Green Card.
I am going to update various top lawyers opinion in the next section.
I would like to discuss this important topic about changing company after getting Green Card (GC).
I do understand this topic was discussed in the past and lot of our members may have enough information about the topic. The reason why we need this new thread is to consolidate various immigration lawyers’ opinion in this matter, so that our members could take informed decision.
Question is how long one should work for the same company, through which they are getting the Green Card?
My Opinion:
Do not change job at least for 1 year. The law does not specify the duration for which you should work for the company through which you got the GC.
The official rule is that you must not have any preconceived intention to leave the job when you get your Green Card.
I am going to update various top lawyers opinion in the next section.
jamesbond007
10-02 01:12 PM
*) Have an emergency cash fund that would last atleast 6 months without changing your lifestyle. If you lose job, a bit frugal living could stretch that 6month fund to 9 or 10 months. (this could be cash; or assets that would not lose their value and could be cashed at a short notice.)
Do not leave this entire fund in a checking/savings account; nor put it under your mattress.
Have some cash at hand ($1K or $2K); - this is to avoid ATM issues, run on the bank etc.
Put some of it in a 3 month CD;
Put some of it as precious metals (gold etc) - this will protect you against the dollar losing its value, yet the metal is easily saleable.
Put some of it in a money market account that yields a little better than the savings account, yet immediate cash availability.
Distribute your savings between atleast a couple of banks. (If a bank goes under, I do not know how long it takes to get access to your cash which is FDIC insured upto $100K (250K under the bailout plan)).
*) Credit is really tight right now. So... if you have any good offers of pre-approved credit, take it. Keep it aside.
*) Do not worry about your home losing its value. Enjoy the house; hopefully it will appreaciate back to your purchase price in a couple of years.
*) Pay the minimum home payments.
*) Atleast put enough in your 401K to get the employer match. That is free money you do not want to forego. Most likely, you will still be ahead if you have to cash out your 401K. (i.e. penalty + tax of an early withdrawal would most likely be less than the employer matched funds)
*) Enjoy time with family. Keep an eye for opportunities. Keep updating your skillset.
Do not leave this entire fund in a checking/savings account; nor put it under your mattress.
Have some cash at hand ($1K or $2K); - this is to avoid ATM issues, run on the bank etc.
Put some of it in a 3 month CD;
Put some of it as precious metals (gold etc) - this will protect you against the dollar losing its value, yet the metal is easily saleable.
Put some of it in a money market account that yields a little better than the savings account, yet immediate cash availability.
Distribute your savings between atleast a couple of banks. (If a bank goes under, I do not know how long it takes to get access to your cash which is FDIC insured upto $100K (250K under the bailout plan)).
*) Credit is really tight right now. So... if you have any good offers of pre-approved credit, take it. Keep it aside.
*) Do not worry about your home losing its value. Enjoy the house; hopefully it will appreaciate back to your purchase price in a couple of years.
*) Pay the minimum home payments.
*) Atleast put enough in your 401K to get the employer match. That is free money you do not want to forego. Most likely, you will still be ahead if you have to cash out your 401K. (i.e. penalty + tax of an early withdrawal would most likely be less than the employer matched funds)
*) Enjoy time with family. Keep an eye for opportunities. Keep updating your skillset.
OLDMONK
07-19 03:17 PM
8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
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