BECsufferer
09-03 10:55 AM
Congrats to 12/2004 PD holders.
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.
Guys ... kismet changes!
Unfortunatly for me and my wife, it appears we will be missing this window of opportunity. Just happened to have filed an AP for her. F&$k USCIS:mad:
Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.
Guys ... kismet changes!
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justAnotherFile
11-21 01:47 PM
See body of email below....
Hi,
I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.
regds,
xxxxxx
Hi,
I would like your highly successful program to do a show on the "Plight of Legal High-Skilled Immigrants". The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
60 minutes is a highly regarded program that brings to focus issues that impact adversely law-abiding people and issues that impact America as a nation. I would request you to air a program on the plight of legal high-skilled immigrants to bring this highly important issue to national focus.
regds,
xxxxxx
GCNirvana007
04-08 04:11 PM
Come on my friend, Admins are like you and me. They are not having any magic wands. You may want to post your concerns in the public forum or the best thing is to contact your State chapter representative who will conduit you to the Admins.
These are tough times, so hang in there. IV is committed for our cause.
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
These are tough times, so hang in there. IV is committed for our cause.
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
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nozerd
01-15 09:52 PM
Looks like the best bet for you would be to give the exam in either Houston or Dallas.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
more...
sanjose
07-24 07:04 PM
I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"pre-"
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"pre-"
gcformeornot
08-14 02:32 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
more...
ksita48
07-23 09:30 PM
Brief Description of my Case Joined Vision Systems Group INC,(VSGInc), Southplains Field, NJ in the year March 2003. My H1B was transferred to VSG Inc from my previous company which got merged with another company. VSG Inc filed my Labor Certification in 2003 (EB3) on Dec 23,2003 which has gone to Back Log Center, Harrisburg, PA and got approved only in Dec, 2006. In July 2006 VSG Inc, filed PERM under EB2 and got approved and filed I140 under EB2. But when USCIS sent RFE, my company has withdrawn the I140 without responding to RFE. In July 2007, during 2007 visa fiasco, VSG Inc filed I140 electronically, and I485 and other papers concurrently in July 02, 2007. Got the receipt notices for I140 dated 07-02-2007 and for I485 and others on 06-05-2008. Received EAD and travel docs in July 2008. My I140 is still pending at Nebraska Service center as on date. When contacted trough the Local Congress Man, Dept. Of Home land Security replied on Feb 09, 2009 as follows: �The processing of I-140 has been delayed, not yet ready for decision as it has been selected for extended security review, independent of FBI name check and fingerprints. Until the review is completed, we cannot move forward on this case. We will make every effort to make a decision on this case as soon as the review is complete. However, we have contacted the security team POC to see if this case can be reviewed to see if it can be moved for adjudication.� VISION SYSTEMS GROUP, INC., a New Jersey Domestic Profit Corporation, with a branch office in Coon Rapids, Iowa, was also indicted in a ten count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of �Notice of Forfeiture� in the amount of $7,400,000. The investigation is being conducted by U.S. Immigration and Customs Enforcement (ICE) in collaboration with U.S. Citizenship and Immigration Services - Fraud Detection and National Security Division (FDNS); U.S. Department of Labor - Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; and is supported by the U.S. Attorney�s Office for the Southern District of Iowa. At the out set I am in a complete depressed state an seek your help and know the fate of my AOS applications like I-140, I485 and others and the best possible course of action I may have to take immediately. My concerns and questions: 1. Should I transfer my H1b to another company? 2. What will happen to my pending I-140 and I-485 petitions? 3. Or should I continue with the present company wait for the outcome? 4. How much time it may take to finally conclude this process normally? 5. If the company is proved guilty and be closed by the Govt. or blacklisted what will happen to the Employees like me who are absolutely not concern, nor involved and go by Rules and in the project working If you can throw some light on these matters, It would be of great relief to me who has spent in this country for 11 years legally paying all the taxes.:confused:
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Ann Ruben
05-15 03:53 PM
In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.
more...
ultimo
10-02 12:06 PM
PD is important . inorder to use the visa numbers the applicant whose FP & name check is cleared but Pd is not current but other applicant whose Pd is current but name check is not cleared The person who cleared will get the priority instead of PD . one of my friend got like this . so its cat & mouse game anyone can get it
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ChainReaction
02-21 12:06 PM
Satish,
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
I am also looking for the update, can someone post the url for the site.
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
I am also looking for the update, can someone post the url for the site.
more...
snathan
04-13 09:29 AM
Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?
You can take any position anywhere with anyone...H1B is only if you want to work in the US
You can take any position anywhere with anyone...H1B is only if you want to work in the US
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DallasBlue
07-14 08:27 PM
http://immigrationvoice.org/forum/sh...d.php?p=113476
more...
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snram4
06-25 04:49 PM
what you mean by qualified people? Are you expecting a dynamic person with master degree or above with more than 5 years
but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that
That's correct.
There are many unemployed, but there are not many qualified willing people available.
Trying hard to recruit IT people for a month. Hardly finding any.
but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that
That's correct.
There are many unemployed, but there are not many qualified willing people available.
Trying hard to recruit IT people for a month. Hardly finding any.
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simple1
06-12 06:04 PM
Looks like msingh is an anti immigrant from loser’s guild and not a real singh/sikh or even remotely asian-indian.
msingh is right now on googling to find out who is manmohan. :D
Paaji msingh, Try contacting Manmohan Singh.
msingh is right now on googling to find out who is manmohan. :D
Paaji msingh, Try contacting Manmohan Singh.
more...
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anzerraja
07-20 03:19 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
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desi3933
02-04 04:47 PM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered......
Did she ever report for work for H-1B employer in 1998?
Was her original H1 visa cancelled or revoked?
Are 60 days up since her B1 visa entry?
Does she has valid job offer along with recent LCA?
If her H-1B visa number was re-used, she my be subject to H-1B visa cap.
____________________
Not a legal advice.
Did she ever report for work for H-1B employer in 1998?
Was her original H1 visa cancelled or revoked?
Are 60 days up since her B1 visa entry?
Does she has valid job offer along with recent LCA?
If her H-1B visa number was re-used, she my be subject to H-1B visa cap.
____________________
Not a legal advice.
more...
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gcdreamer05
08-04 11:50 AM
Does your new I-140 have the old PD printed on it ?
If so you are better filing a new I-485.... and withdraw the old 485, as several threads have explained not to have two 485's running parallel because USCIS itself will ask the user to revoke one...
Please do let us know what happened after you know the information from M team.
She would recommend you to file another 485
If so you are better filing a new I-485.... and withdraw the old 485, as several threads have explained not to have two 485's running parallel because USCIS itself will ask the user to revoke one...
Please do let us know what happened after you know the information from M team.
She would recommend you to file another 485
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obviously
08-04 11:45 AM
Thanks for the 2 quick responses... albeit, opposite in recommendation :)
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
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hopein07
03-14 10:04 AM
Canada requires 3yrs plus one year of training in US and then you need to take one exam for Canada and that's it. If she is doing IM or FP residency then she should try to get into one year of Chief residency as well after completing 3 yrs of residency.
Canada has a severe shortage of doctors specially in rural areas but not in the cities like Toronto, Vancouver, Ottawa, Calgary, Windsor, or London. IT jobs are very scarce in Canada but are only in big cities. So, one of the two of you has got to sit at home depending on who decides to work.
Canada has a severe shortage of doctors specially in rural areas but not in the cities like Toronto, Vancouver, Ottawa, Calgary, Windsor, or London. IT jobs are very scarce in Canada but are only in big cities. So, one of the two of you has got to sit at home depending on who decides to work.
gc28262
07-12 12:31 AM
Are all these paper based filings or e-filings?
I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.
Mine was an e-filing. However my FP scheduling was quite weird.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12
I still went ahead and gave my FP on 11/13.
I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.
Mine was an e-filing. However my FP scheduling was quite weird.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12
I still went ahead and gave my FP on 11/13.
MahaBharatGC
08-15 10:22 AM
I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
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