Friday, June 10, 2011

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  • DesiTech
    06-01 06:46 PM
    You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.

    If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??

    MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.

    Thx for ur help





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  • Sunx_2004
    10-15 02:26 PM
    Which service center your friend (July 16th filer) applied to. I applied on July 17th NSC, still wiating for receipts.

    call uscis - as per the listen in conference call (cis ombudsman) if the date displayed is after your mail carrier date

    FYI:
    I know 2 of my friends Jul2 didnt get anything ... one more july 16 - just got the checks cashed today





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  • ArunAntonio
    05-31 04:55 PM
    Now is the time to take action.





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  • nandakumar
    03-06 09:41 PM
    Faxed



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  • pkv
    04-13 05:37 PM
    So did you answer the RFE ? ....

    Off course I did.. It was simple RFE for TB test. I just got it done and replied. Didn't take Attorney's help on this.





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  • sam_hoosier
    01-07 11:24 AM
    can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
    thanks for your replies.

    Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.



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  • stemcell
    02-11 11:55 AM
    MOE

    Please 'no more posts' and 'GOODBY' :D





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  • GCOP
    04-20 02:47 PM
    I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.



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  • chanduv23
    08-27 08:38 AM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.

    Working on EAD has never been a problem. But I did hear from some hiring managers that they have concerns about constant renewals and other issues associated like RFE etc.. and thats why they avoid hiring people on EAD - this is like very few people who are misinformed.

    Usually some employers ask - have you switched after 180 days of filing 485 just to make sure there is no problem.

    Company need not harbor illegal employees, they can do what it takes to keep the employee employed.





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  • ghost
    02-07 10:54 AM
    Thanks for the update !
    I am watching this... looks pretty interesting :)

    and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!



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  • When Green?
    07-30 09:05 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.





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  • waitin_toolong
    04-28 09:16 AM
    that provision was only during the fiasco, you can efile and should send the documents as requested.



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  • GCNaseeb
    11-14 11:18 PM
    I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.

    I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.

    My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.





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  • Blog Feeds
    10-28 12:00 AM
    AILA Leadership Has Just Posted the Following:


    http://1.bp.blogspot.com/_BVX2dyjOs1A/Sud-zjPBalI/AAAAAAAAACQ/s1h5c-dE0wU/s320/Immigration+Lines.jpg (http://1.bp.blogspot.com/_BVX2dyjOs1A/Sud-zjPBalI/AAAAAAAAACQ/s1h5c-dE0wU/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.



    I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.



    However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).



    My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:

    First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.



    Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.



    Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).

    Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.



    Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.



    I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).



    The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.

    We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).



    You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:



    India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.

    China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.

    Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.

    And these waits are from when the person STARTS the green card, not when they come into the United States.




    I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.

    The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.



    Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?



    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?

    I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
    https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)



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  • senthil1
    11-03 07:25 PM
    Whatever the results I think there will be attempts to revive CIR in 2009 including increase of H1b and Greencard numbers. The increase of H1b may come with some reform to minimise the abuse of h1b. But the fate of any bill depends on the contents of the bill. If the bill is really a compromise with moderate numbers then it will be passed. If the bill is one sided then the fate of the bill is uncertain.


    Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.

    Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.

    Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.





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  • GCDelay
    11-30 11:34 AM
    xxxx



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  • bondgoli007
    07-14 04:39 PM
    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.





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  • bombaysardar
    07-26 11:40 PM
    keep it up! :) :)





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  • dixie
    09-05 05:47 PM
    Not sure what happens technically to the old CIR, but most likely both the senate and house will throw away their respective bills and start from scratch.

    I have a hypethetical situation

    1. Say in the election Dems get both house and Senate AND
    2. No compromise happens in CIR at Lame Duck Session too. Also
    no SKILL passes too AND

    3. New winners Sworn in and its congress controlled by Dems.

    Now what is the status of the CIR that was passed in the senate and
    that house bill passed? Does it expire or go annul? Or can these
    new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
    legal sides and political attittude of lawmakers to it.

    thanks





    pappu
    09-14 03:43 PM
    Jay is going to speak now. Its an interview.





    GCard_Dream
    07-09 06:49 PM
    Yes. We both did get the TB test done (test and X-ray) back in 2007. Even though the TB skin test came out negative, doctor didn't wait the test result and ordered the X-ray anyway.

    I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?

    Thanks to all for sharing their experience and knowledge.

    1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

    2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

    Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).



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