meridiani.planum
08-09 05:45 PM
Just A thought.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Berkeleybee
02-09 07:36 PM
All,
I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.
I. IV MEMBERS AT EVERY STAGE
� We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
� Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.
II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
� The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
� When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.
III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
� DOL-BECs were created as a result of considerable protest and intervention by Congress.
� USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
� So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
� We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.
IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
� In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
� So the Retrogression problem is a systemic, policy problem.
� It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
� It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.
In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.
With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.
RECENT IMMIGRATION VOICE ACTIVITIES:
� Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
(b) get access to key policymakers
(c) craft an effective legislative strategy
(d) design a media strategy
� Meeting Lawmakers
� Coordinating with other groups like Compete America
� Getting the word out in the community
� Setting up of the organizational and resource infrastructure including the website and forums for discussion
� A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.
Visit our website at www.immigrationvoice.org and get involved!
I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.
I. IV MEMBERS AT EVERY STAGE
� We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
� Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.
II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
� The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
� When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.
III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
� DOL-BECs were created as a result of considerable protest and intervention by Congress.
� USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
� So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
� We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.
IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
� In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
� So the Retrogression problem is a systemic, policy problem.
� It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
� It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.
In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.
With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.
RECENT IMMIGRATION VOICE ACTIVITIES:
� Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
(b) get access to key policymakers
(c) craft an effective legislative strategy
(d) design a media strategy
� Meeting Lawmakers
� Coordinating with other groups like Compete America
� Getting the word out in the community
� Setting up of the organizational and resource infrastructure including the website and forums for discussion
� A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.
Visit our website at www.immigrationvoice.org and get involved!
purgan
09-13 03:14 PM
Oh God!
Waiting for over 5 years for the damn green card and still no end in sight.
No wonder there's a lot of pent up anger and frustration.:mad:
Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!
Waiting for over 5 years for the damn green card and still no end in sight.
No wonder there's a lot of pent up anger and frustration.:mad:
Want to know how I feel like- I'm standing in a line for over five years through rain, storm hail and wind (i mean layoffs, company shutdowns, M&A, bad economy, etc), and still haven't come to the counter. The wait is endless....imagine how many Americans would tolerate a 5 year+ wait!!
snowcatcher
01-28 08:57 AM
Hi Viva, Great positive attitude. Just dont give up. And dont ask me why the delay so far? Here goes my contribution after the challenge from you and a nudge from my friend Bhaskar_s. I pledge $27 every month. I am going to use the bill pay from my account and send in the funds. Thank you and again don't give up.
more...
Redeye
04-16 12:52 PM
Any help from the attorneys on this?
ImmigrationAnswerMan
07-08 10:37 PM
Anil:
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
more...
meghanap2000
09-09 03:35 PM
This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.
snathan
09-20 02:09 PM
Do not lose your hope on all these distraction...be optimistic and let the call campagin go on for the H.R 5882. Please call the comitty chair and ask for the mark up session. I have done that....did you?:D:D:D
more...
kumar1
04-02 09:56 AM
---
Dhundhun
08-06 07:32 PM
Dhundhun
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
No, last LUD was in Dec. It does not matter, because in between LUDs are not happening. Directly people are getting a HARD LUD for GC approval.
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
No, last LUD was in Dec. It does not matter, because in between LUDs are not happening. Directly people are getting a HARD LUD for GC approval.
more...
kanshul
02-14 07:58 PM
10 year law is not true. However, if your kid turns 21 s/he can sponser your GC with considerable less delay.
manuseeksgc
06-16 05:40 PM
Hi Chi_Shark,
I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.
Thanks!
I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.
Thanks!
more...
lskreddy
08-14 04:44 PM
Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.
It does need planning. I am hoping I could find some opportunities here before I decide to take the 'search in India by being there' route, thus my post to ask folks if they know of any such positions.
It does need planning. I am hoping I could find some opportunities here before I decide to take the 'search in India by being there' route, thus my post to ask folks if they know of any such positions.
gcobsessed
10-23 01:21 PM
One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273
----------
Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:
First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.
Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
--------------
So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.
In the middle of MBA, company had to remove him from payroll due to re-org.
Green card came in a few months.
He is now doing a hot shot MBA job using GC.
Will he face issues during N-400?
Is there anything wrong in what he did?
This is according to Ron Gotcher at http://immigration-information.com/forums/showthread.php?t=6273
----------
Generally speaking, there is nothing to prevent someone from going back to school while they await final green card processing. The new school program, however, raises two important questions:
First, after completing the new program, will you work in the same or similar occupational classification as that for which you received foreign labor certification? If so, then there is no problem. If not, that presents a very serious problem. At first glance, it would appear that receiving an MBA would move you into a different occupational classification. That will certainly be an issue if you pursue this path.
Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
--------------
So, it appears this might be a problem if the new employment is not in the same field as the one for which labor was approved.
more...
sameer2730
01-25 06:45 PM
He is neither new nor inexperienced. He is one of the new gang which post pointless yet barely believable posts here. The purpose is to confuse, raise hopes and aggravate. Try to avoid responding to such posts. One good criteria is posts by people with just 2-5 posts and a few greens already.
vin13
03-12 01:27 PM
We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
Sueing is a tough road.
Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.
The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
Sueing is a tough road.
Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.
The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.
more...
sss9i
08-09 11:35 AM
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
TomPlate
01-09 10:20 AM
Hi Guys
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.
akhilmahajan
02-04 01:43 PM
When i said i used AC-21, i meant i changed my employer after 180 days and had used EAD. Yes i have sent USCIS my paperwork, when i switched employers.
I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.
GO IV GO. TOGETHER WE CAN.
I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.
GO IV GO. TOGETHER WE CAN.
psaxena
05-19 11:58 AM
^^^^^^^^^^^^
Sachin_Stock
02-03 02:14 PM
I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
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