benbear
11-09 09:07 AM
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
That same link you gave tells us that 655k is pending/back-log for AOS....
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
That same link you gave tells us that 655k is pending/back-log for AOS....
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kumar1
01-12 12:17 PM
Don't do it. It is illegal.
Friend
02-15 10:51 AM
Best thing is call the customer service and explain step by step.
also take an infopass appointment and explain.
What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.
also take an infopass appointment and explain.
What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.
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ras
02-07 12:18 PM
Any guess!!!
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amitjoey
01-26 11:16 AM
Remember although this bill is only for PHD holders as it states now- It is too early to say if it will see the light of the day- if it will get through the committee and get on the calender and finally get on the floor.
It will go thru many rewrites and if it does have a chance on the floor, we can lobby and put our energy behind to make it better and try to get our provisions in it.
It is too early at this stage to comment on its chances and worse yet talk and fight about its contents.
It will go thru many rewrites and if it does have a chance on the floor, we can lobby and put our energy behind to make it better and try to get our provisions in it.
It is too early at this stage to comment on its chances and worse yet talk and fight about its contents.
gondalguru
07-08 09:40 PM
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
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dpp
10-23 11:57 AM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
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sreenivas11
11-16 10:39 AM
Nov' 07 Processing times are not posted yet
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saileshdude
06-25 11:00 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
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SAPGURU
07-11 03:12 PM
Gurus,
Here is my situation.
Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.
Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.
My 6th year of H1B is expiring in March 2009.
My question is, can I file my I-485 based on my previously approved EB2 I140.
What should be best approach for me? Any help will be greatly appreciated.
Here is my situation.
Labor filed with company A in April 2006 and I-140 EB2 approved in May 2007. Could not file I-485 last year due to personal reasons.
Changed the Job to company B in Sep 2007.Company B filed PERM EB2 in Feb 2008 and got approved in Aril 2008. I-140 filed in June 2008 with priority date recapture request and still pending.
My 6th year of H1B is expiring in March 2009.
My question is, can I file my I-485 based on my previously approved EB2 I140.
What should be best approach for me? Any help will be greatly appreciated.
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pointlesswait
07-30 09:08 AM
what i meant was...as individuals we can have views different from IV..;-)
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
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tcsonly
09-07 11:13 AM
Sent email yesterday with the details to lobbyday@immigrationvoice.org, and IV-Socal co-ordinators: Drona & Ramesh.
-C.
-C.
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glus
06-28 04:47 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
You are as stupid as what you wrote.
You are as stupid as what you wrote.
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ragz4u
03-15 11:05 AM
Ramanujam,
Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.
It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold
There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us
In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.
After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed
So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!
Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.
It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold
There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us
In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.
After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed
So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!
more...
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waltz
08-24 10:17 AM
Wisconsin Public Radio www.wpr.org
You can listen online
For Program On: Friday, August 24, 2007 at 9:00 AM
According to a new report, the U.S. suffers from �brain drain� because many skilled, foreign-born workers can�t get resident visas. After nine, Kathleen Dunn talks with one of the researchers. Guest: Vivek Wadhwa, founder, Chairman, and CEO of Relativity Technologies. Executive in Residence/Adjunct Professor, Pratt School of Engineering, Duke University. www.kauffman.org
You can listen online
For Program On: Friday, August 24, 2007 at 9:00 AM
According to a new report, the U.S. suffers from �brain drain� because many skilled, foreign-born workers can�t get resident visas. After nine, Kathleen Dunn talks with one of the researchers. Guest: Vivek Wadhwa, founder, Chairman, and CEO of Relativity Technologies. Executive in Residence/Adjunct Professor, Pratt School of Engineering, Duke University. www.kauffman.org
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waitnwatch
04-15 02:28 PM
Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.
The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.
I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.
What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.
Thank you, thank you, thank you, for permitting me to present my delima to this your website.
abby
This is not a genuine post....This person says that he/she was replaced by a "visa card holder". If this person has survived the pain then he/she would know what terminology to use. This person talks about a "country other than yours". What does this person mean. And of course this person lost his/her job "because" he/she became a citizen. So this person suddenly became incompetent after becoming a citizen. We may be suffering but we are not exactly idiots.
Moderators could you please do what is needed with this thread!
fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.
The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.
I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.
What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.
Thank you, thank you, thank you, for permitting me to present my delima to this your website.
abby
This is not a genuine post....This person says that he/she was replaced by a "visa card holder". If this person has survived the pain then he/she would know what terminology to use. This person talks about a "country other than yours". What does this person mean. And of course this person lost his/her job "because" he/she became a citizen. So this person suddenly became incompetent after becoming a citizen. We may be suffering but we are not exactly idiots.
Moderators could you please do what is needed with this thread!
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shana04
07-22 12:01 AM
http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.
Wish you all the best.
Dear Friend,
Thanks for the info, please let me know if you have taken info pass for your self and your dependent.
If yes, please let me know the process.
Any one who has taken info pass for both(your self and your dependent) please advice
Thanks,
shana
Wish you all the best.
Dear Friend,
Thanks for the info, please let me know if you have taken info pass for your self and your dependent.
If yes, please let me know the process.
Any one who has taken info pass for both(your self and your dependent) please advice
Thanks,
shana
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thomachan72
07-20 03:32 PM
Hi John, thanks for bringing this to the attention of our members. Lets hope everybody finds time to call Sen Cornyn to thank him for introducing this bill. Another thing I wanted to say is that, our members are all busy with 485 filing and stuff so we can expect a response only after the 17th of August when the excitement of 485 filing is over. Even though it was defeated it doesn't seem to be a very hated idea by the majority since 5 more votes would have made it safe. So there still seems to be a positive factor lingering around for us the "legal immigrants". Hope we are able to capitalize on it soon. IV is infact becomming stronger and more influential thanks to the dedicated efforts of the leader and the members. Pls keep up the spirit for all of us. We need vigilant people like you to do the work to spot opportunities and failures for the community. Thanks.
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hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
rbachu21
02-03 03:03 PM
Invincibleasian,
Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?
Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?
rockets12345
10-31 05:50 PM
yes california service center didn't accept my H1B extension application and returned back saying we have to file it in Vermont Service Center that's what my Attorney told me if he is not lying. But the good thing is my EAD shows 10/10/2007 start date and my H1B expired on 10/11/2007.
But I still am not using EAD and have sent my H extension to Vermont and hoping for good. So for some reason if they don't approve will use my EAD from that point. But will it cause any issues in future or on 485
But lesson learnt is never hire cheap lawyers most of the time they don't know anything.
Thanks
But I still am not using EAD and have sent my H extension to Vermont and hoping for good. So for some reason if they don't approve will use my EAD from that point. But will it cause any issues in future or on 485
But lesson learnt is never hire cheap lawyers most of the time they don't know anything.
Thanks
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