immique
07-16 12:18 AM
This is exactly what I said in my previous posts. EB2 India may become unavailable towards the end of September as most of the visas will be used in August itself and we will see a flood of approvals starting August 1st itself. I think most of the approvable cases are already processed by USCIS after it gave the data to DOS on July 8th. I think most of the straight forward and less complicated cases during 2004 - 2006 period will be approved soon.
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2008. NSC 485 processing cut off date is July 28th, 2008. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
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raajpagare
01-24 04:46 AM
I have receiived the exact same RFE and the interesting thing is that my company is neither a staffing or a consulting company. Its a services and product based company.
The RFE states that if the petitioner is engaged in consulting or staffing, then send the supporting documents. But my company is not, so what are we suppoesed to send? Will write back on monday what the lawyer says.
The RFE states that if the petitioner is engaged in consulting or staffing, then send the supporting documents. But my company is not, so what are we suppoesed to send? Will write back on monday what the lawyer says.
indianindian2006
06-14 06:19 PM
I was wondering if this is a face saving deal as the CIR is back and USCIS did not want to look bad.
Exactly....I don't say this a trick by USCIS to divert our attention but that will definitely be the result. Everyone here (except with the older priority dates) will face retrogression very soon. Please try to understand this folks.
Exactly....I don't say this a trick by USCIS to divert our attention but that will definitely be the result. Everyone here (except with the older priority dates) will face retrogression very soon. Please try to understand this folks.
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bobzibub
12-10 12:32 PM
That if you get six months of a four year driver's license, that you pay 1/8th the cost.
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pappu
11-13 05:58 PM
I am a typical EB worker and have all the insecurities of a person working on EAD/H1 in a distant land. Though gainfully employed seeing job losses all around makes me anxious. There is no back up if i lose my job as being on EAD/H1 does not give me any unemployment benefit, no breathing period though i have dutifully paid SS taxes without a break for last several years. With stock market tanking i dread seeing my 401K statement. Selling my House to move somewhere else might be very difficult, if not impossible.
Any setback on GC would hit me both financially ( money to spend on MTR, pay pricey lawyers , looks for not so cheap health insurance, and biggest of all loose the steady pay check )
as well as mentally ( to look for a new job, worry about same/similar classification, move to new place, unable to service my mortgage , put up with not so pleasant working conditions etc ).
I am away from friends and family so no physiological support when needed.
pls send email with your contact info
thanks
Any setback on GC would hit me both financially ( money to spend on MTR, pay pricey lawyers , looks for not so cheap health insurance, and biggest of all loose the steady pay check )
as well as mentally ( to look for a new job, worry about same/similar classification, move to new place, unable to service my mortgage , put up with not so pleasant working conditions etc ).
I am away from friends and family so no physiological support when needed.
pls send email with your contact info
thanks
bbenhill
08-05 04:55 PM
What do you want to know? I130 and I485 needs to be filed. Both Counselor Processing as well as AOS allowed.
This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.
Found this one on the internet... maybe someone can help to give more information about K-3 visa ...
here is the url :
http://www.workpermit.com/us/family_visas/spouse.htm
just trying to help ... :-) I am not a lawyer ... :-)
Regards
This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.
Found this one on the internet... maybe someone can help to give more information about K-3 visa ...
here is the url :
http://www.workpermit.com/us/family_visas/spouse.htm
just trying to help ... :-) I am not a lawyer ... :-)
Regards
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vnsriv
11-19 12:51 PM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats ! Party time !
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats ! Party time !
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Pagal
03-22 09:51 AM
Hello,
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
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satishm
07-13 02:21 PM
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
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styrum
05-29 12:24 PM
We all know why! America decided it's smarter than anybody else: "Hey, let's let new people into the country and then exploit them for as long as possible! Well, we gotta give them some hope that that some day they would have the same rights as everybody else, but who said we need to keep the promise? There are so many ways not to: overcomplicated "process", quotas on Green Cards, processing delays, no fixed, mandatory processing times, etc." Once you realize the main goal of the immigration policy - to create permanent underclasses whom America can discriminate and exploit, everything that happened in the immigration history of USA, especially recently, becomes very logical. Unfortunately, it's a long time tradition in US to exploit and discriminate "recent" immigrants. Remember "No Irish need to apply"? How about the Chinese workers who built the transcontinental railroad and then were lynched and Chinese were effectively banned from immigrating to US for the next 70 years (see shusterman.com for more historic examples).
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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.
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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vicks_don
05-12 04:28 PM
This is the address I got when I submitted my application online.
U.S. Mail:
USCIS Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Guys,
I live in NJ and I had sent my EAD renewal package to the following address via USPS certified mail:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
When I tracked my receipt today (for both mine and my wife's package), I got the following status:
Status: Notice Left
We attempted to deliver your item at 1:47 PM on May 9, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
Can any one tell me if I have used incorrect mailing address or is this status normal? Do I need to do anything about it?
Thanks a bunch. Your replies will be appreciated.
U.S. Mail:
USCIS Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Guys,
I live in NJ and I had sent my EAD renewal package to the following address via USPS certified mail:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
When I tracked my receipt today (for both mine and my wife's package), I got the following status:
Status: Notice Left
We attempted to deliver your item at 1:47 PM on May 9, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
Can any one tell me if I have used incorrect mailing address or is this status normal? Do I need to do anything about it?
Thanks a bunch. Your replies will be appreciated.
more...
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sanjay
02-07 01:49 PM
Man, you are so crazy about opening so many threads for the same topic. You cannot force people to send letters. And by this time those who wants to send letters had already sent to WH and IV. Give us some break. I come to IV site to get some information on immigration issues and what I get are 'n' numbers of threads for same issue. ---- ADMIN FIX.......
These are the active threads I found on the front. Let put our energy on different things and get move to other issue, other than sending letters. If you want to be moderator or something else in IV contact PAPPU directly.
http://immigrationvoice.org/forum/showthread.php?t=17160
http://immigrationvoice.org/forum/showthread.php?t=17158
http://immigrationvoice.org/forum/showthread.php?t=17157
http://immigrationvoice.org/forum/showthread.php?t=17159
http://immigrationvoice.org/forum/showthread.php?t=16595
These are the active threads I found on the front. Let put our energy on different things and get move to other issue, other than sending letters. If you want to be moderator or something else in IV contact PAPPU directly.
http://immigrationvoice.org/forum/showthread.php?t=17160
http://immigrationvoice.org/forum/showthread.php?t=17158
http://immigrationvoice.org/forum/showthread.php?t=17157
http://immigrationvoice.org/forum/showthread.php?t=17159
http://immigrationvoice.org/forum/showthread.php?t=16595
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vjkypally
03-25 12:38 PM
Applied on August 23rd, Still pending, 7 months over for H-1 extension, still not approved and no RFE. This was for a 3 year extension after I-140 approval, I ve finished 7 years on H-1B. Anyone on the same boat? It's really frustrating.....
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leo2606
08-18 12:40 AM
You will get your card between 5 to 10 days from the date you have recieved card production email, so you will have time to go India and get the marriage certificate.
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shreekarthik
06-23 08:41 AM
If the minister talks to the US President regarding VISA retrogression problem,How the outside world will come to know ? The discussions will be kept confidential ! I don't think everything will be disclosed to the press. VISA revalidation is another thing he can talk to US Secretary of State.
You are not serious are u ? Anyways he is here for shopping. If the dude drops in on July 4th who the hell is he going to meet in official Washington DC ?
You are not serious are u ? Anyways he is here for shopping. If the dude drops in on July 4th who the hell is he going to meet in official Washington DC ?
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d123
09-25 11:34 AM
My wife recieved AP which was approved on 30 Aug. They approved mine on Aug 31. I have not recieved AP yet. My attorney advised to wait for 30 days.
-D
-D
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HV000
02-28 09:47 PM
Do you have your I-140 approved and if yes, have you passed 180 days since you filed your I-485? If answer to both the response is yes, then nothing to worry about as you can simply work on EAD.
If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.
Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.
If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.
Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.
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addsf345
11-04 02:11 PM
I found a very detailed discussion thread (http://immigrationvoice.org/forum/showthread.php?t=5890) about good/bad experiences with different immigration lawywers. This was back in July Last Year when most ppl were filling for 485.
Now many of them are invoking AC21, can some one share experience with AC21 attorney representation?
I know we do not need an attorney for AC21, but I am inclined to go with one just for the peace of mind.
After carefully reading thru' every post on above thread, calling some friends and my own online research, I am thinking of either Rajiv Khanna or Ron Gotcher. I have a close friend who is with Rajiv Khanna for a long time and has good words for him. But I personally do not know anyone who is currently a client with Gotcher Law firm. If there is anyone who has specific experience or recommandation with Gotcher Law Firm or any other, please share.
On a side note, my current company's corporate attorney is very rude, not-apporachable and very costly. Never replied to emails or phone calls. Also by contract, I can not have him represent my case, once I resign from my current position.
Now many of them are invoking AC21, can some one share experience with AC21 attorney representation?
I know we do not need an attorney for AC21, but I am inclined to go with one just for the peace of mind.
After carefully reading thru' every post on above thread, calling some friends and my own online research, I am thinking of either Rajiv Khanna or Ron Gotcher. I have a close friend who is with Rajiv Khanna for a long time and has good words for him. But I personally do not know anyone who is currently a client with Gotcher Law firm. If there is anyone who has specific experience or recommandation with Gotcher Law Firm or any other, please share.
On a side note, my current company's corporate attorney is very rude, not-apporachable and very costly. Never replied to emails or phone calls. Also by contract, I can not have him represent my case, once I resign from my current position.
mzdial
June 11th, 2004, 09:55 PM
Grow up dude.. water under the bridge. That response is like arguements I have with my four-year-old son. C'mon.. :-P
-- Matt
-- Matt
Ramba
11-19 08:31 PM
Ramba,
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.
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