glus
07-05 08:20 PM
"July 4. Today we received a donzen approvals for persons whose visa numbers became current on july 1st"
-shusterman.com
That's why we have a CASE against USCIS and DOS. If one GC was approved using July's priority date, then, USCIS has a PROBLEM....and AILF will figure out how to use it against USCIS...... .
-shusterman.com
That's why we have a CASE against USCIS and DOS. If one GC was approved using July's priority date, then, USCIS has a PROBLEM....and AILF will figure out how to use it against USCIS...... .
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srinivas_o
02-02 12:50 PM
I too moved out of city (Austin to Dallas) and changed employers. I have informed about the change of address and it has been successfully updated and there is no RFE.
It is always better to inform the change of address and it is by law.
It is always better to inform the change of address and it is by law.
Googler
01-18 02:12 PM
In conversations with various people from USCIS this week (TSC IO and USCIS assistant director's staff), it has become clear to me that USCIS no longer preadjudicates applications i.e. if your application is retrogressed, they set it aside completely.
Why should we care?
Suppose, the last quarter of the fiscal year rolls around (in July) and as per usual DOS starts to panic about the number of greencards leftover, and moves the date significantly all of a sudden.
Now take a hypothetical situation of one person with PD 2001 who happened to go and get stuck in the namecheck, another person with PD 2005 who didn't get stuck in namecheck and therefore had his file assigned to an adjudicator before the current round of retrogression hit.
Guess what will happen in the free for all in July-Sept? Greencards are handed out left and right to fully adjudicated applicants regardless of the priority date order. Person with PD in 2005 gets a greencard, whereas PD 2001 person who first got stuck in DOL, then in namecheck, is stuck once again for no fault of their own. The people who have suffered the most already pay the price yet again.
If pre-adjudication in priority date order was the norm, when dates moved, greencards would be given out in a fair, first in first out way.
Why should we care?
Suppose, the last quarter of the fiscal year rolls around (in July) and as per usual DOS starts to panic about the number of greencards leftover, and moves the date significantly all of a sudden.
Now take a hypothetical situation of one person with PD 2001 who happened to go and get stuck in the namecheck, another person with PD 2005 who didn't get stuck in namecheck and therefore had his file assigned to an adjudicator before the current round of retrogression hit.
Guess what will happen in the free for all in July-Sept? Greencards are handed out left and right to fully adjudicated applicants regardless of the priority date order. Person with PD in 2005 gets a greencard, whereas PD 2001 person who first got stuck in DOL, then in namecheck, is stuck once again for no fault of their own. The people who have suffered the most already pay the price yet again.
If pre-adjudication in priority date order was the norm, when dates moved, greencards would be given out in a fair, first in first out way.
2011 more.
xela
09-30 02:19 PM
Here is what I was told when i got a paycut of 10% however i am still working under my H1B not an EAD. I did not see you clearly say whether you still work as H1B or wether you switched to EAD.
As long as my pay was above the H1b Labor cert required minimum pay, all is good legally. Even though the letter that was sent for my greencard stated a higher salary, it does not have any impact because it is for a future job not my current job.
So if you are on H1B and the last salary you got the H1B with is less or equal to what you make with the pay cut you are fine, and legally they are not required to pay you more.
Just be careful with the hours, I was told that h1B usually is full time emplyee and in my case that means 40 hrs, so you still have to be employed for 40 hrs and not cut your hours. You can only have a paycut.
Dont burn your bridges, respond to the RFE asap, if you have not yet received a rfe for a verification letter that shows that you still are offered the job your greencard was filed for expect to see one coming.
So find a new job asap while you are still working for the old compnay and then invoke your EAD or transfer the H1B and make sure the new company is willing to provide you with a letter for the RFE should it come to verify they now offer you the job similar to what is been stated in your greencard papers.
Hope this helps
As long as my pay was above the H1b Labor cert required minimum pay, all is good legally. Even though the letter that was sent for my greencard stated a higher salary, it does not have any impact because it is for a future job not my current job.
So if you are on H1B and the last salary you got the H1B with is less or equal to what you make with the pay cut you are fine, and legally they are not required to pay you more.
Just be careful with the hours, I was told that h1B usually is full time emplyee and in my case that means 40 hrs, so you still have to be employed for 40 hrs and not cut your hours. You can only have a paycut.
Dont burn your bridges, respond to the RFE asap, if you have not yet received a rfe for a verification letter that shows that you still are offered the job your greencard was filed for expect to see one coming.
So find a new job asap while you are still working for the old compnay and then invoke your EAD or transfer the H1B and make sure the new company is willing to provide you with a letter for the RFE should it come to verify they now offer you the job similar to what is been stated in your greencard papers.
Hope this helps
more...
Positive
01-08 03:20 PM
Yes, it is the right time to act - at an individual level and as a group. I am sure IV leadership team is working with others on CIR. One should not expect to see those details in an open forum like this.
At an individual level people must do their part. Recently I contacted our congressman and explained to him why CIR is important to me and my family. My wife & I came to US as graduate students years ago and we are still renting a house (worked in my favor financially :)). It was a pleasant experience - I explained the situation in the context of adding value to the economy and the community.
If I had ten or twenty fellow IV members (which I am sure there are hundreds in my state) willing to visit, it would have been easier for the lawmaker to clearly understand the problem and see the bigger picture - the impact on local communities and economies. We are not innovators, but we all can contribute to this economy. So please take some time off of your work, schedule a personal appointment and visit your lawmaker. I am sure that they will gladly listen to you.
Let us not fall into legal vs illegal trap or spend time reacting to people who hate immigrants, instead do our part individually and the rest will be taken care of.
At an individual level people must do their part. Recently I contacted our congressman and explained to him why CIR is important to me and my family. My wife & I came to US as graduate students years ago and we are still renting a house (worked in my favor financially :)). It was a pleasant experience - I explained the situation in the context of adding value to the economy and the community.
If I had ten or twenty fellow IV members (which I am sure there are hundreds in my state) willing to visit, it would have been easier for the lawmaker to clearly understand the problem and see the bigger picture - the impact on local communities and economies. We are not innovators, but we all can contribute to this economy. So please take some time off of your work, schedule a personal appointment and visit your lawmaker. I am sure that they will gladly listen to you.
Let us not fall into legal vs illegal trap or spend time reacting to people who hate immigrants, instead do our part individually and the rest will be taken care of.
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chaukas
05-18 05:15 PM
How about Quota for CONTRIBUTING IV Members ;)
How about a GC Quota for IV members ? :)
How about a GC Quota for IV members ? :)
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nviren
02-27 04:12 PM
Congratulations core team.
It was a very well conducted conference.
And a very good insight into how IV is functioning.
You guys are much more organized than I had anticipated.
Keep up the good work.
I am inspired.
nviren
It was a very well conducted conference.
And a very good insight into how IV is functioning.
You guys are much more organized than I had anticipated.
Keep up the good work.
I am inspired.
nviren
2010 more.
legal_la
07-05 07:01 PM
How would the lawsuit get a foot hold if USCIS keeps these applications for ever (6 months or so), till everything fizzles out and then sends them back. Since the plaintiffs do not have a proof of rejection, can they even file anything? I hope AILF considered this scenario?:confused:
That will create another basis for suing them :) , they can not do that.
That will create another basis for suing them :) , they can not do that.
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another one
11-19 09:42 AM
A) High Skilled Immigrants
B) We can leave this blank and just have plumber (in an amazed expression) looking up at the pipe which is throwing out good stuff!
B) We can leave this blank and just have plumber (in an amazed expression) looking up at the pipe which is throwing out good stuff!
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qasleuth
03-25 12:22 PM
Totally agree ! One pays taxes as a 'necessity' to get something in return in terms of Public schools, roads, transportation, parks etc. I think OP had just a few senators' statements in mind who made public announcements alluding that H1Bs are somehow free loaders and do not pay taxes.
Paying taxes is no big deal and not a strong arguement to get greencards. If we are paying taxes, we are using the infrastructure and facilities of the country as well. So why highlight with this single point?
Paying taxes is the price for living in this country and working. If you were out of country waiting for greencard and were forced to pay US taxes, only then you have a reason to complain.
Paying taxes is no big deal and not a strong arguement to get greencards. If we are paying taxes, we are using the infrastructure and facilities of the country as well. So why highlight with this single point?
Paying taxes is the price for living in this country and working. If you were out of country waiting for greencard and were forced to pay US taxes, only then you have a reason to complain.
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spicy_guy
03-23 03:07 PM
I don't think this bill has anything to do with the medical coverage of visitors... They will have to get a visitors medical insurance just like they do today. Of course you can buy plans that cover the pre-existing conditions to a certain degree or in full provided that you pay for the premiums. Also, I am assuming that when you talk about visitors, you are talking about people who are here on tourist visas or perhaps Business visas...
Thanks. Yes, I was talking about Visitors.
I wish they had covered this too.
Thanks. Yes, I was talking about Visitors.
I wish they had covered this too.
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champu
03-12 12:46 AM
kumaabh
List of Duties - Must correspond to Labor
>>do they expect skill set by skill set match (like Java to Java, DBA to DBA)
or title wise (like PM to PM or Software Engineer should continue as Software Engineer)
List of Duties - Must correspond to Labor
>>do they expect skill set by skill set match (like Java to Java, DBA to DBA)
or title wise (like PM to PM or Software Engineer should continue as Software Engineer)
more...
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desi3933
06-22 03:40 PM
Pre-Adjudication simply means that this application has been reviewed at least once and was eligible for visa number at that time.
At a later time, application can be issued visa number when it is available or can move to further review and/or RFE. Pre-Adjudication does not mean that application is immune for any future RFEs.
_________________
Not a legal advice.
At a later time, application can be issued visa number when it is available or can move to further review and/or RFE. Pre-Adjudication does not mean that application is immune for any future RFEs.
_________________
Not a legal advice.
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monicasgupta
10-15 03:42 PM
saurav_4096 can I file only I-140 to move to new job? Or do I have to file labor and I-140 again? What happened to my I-485 filing?
Thanks
Monica
Thanks
Monica
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yganreddy
05-27 12:36 AM
I think its normal, there is no need to worry. It is not compulosry to have an LUD on your case. If I were you I will wait for couple of weeks and give a call to USCIS.
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sundarpn
01-31 11:34 AM
I agree.
It is better to face delays when in India than in Canada or Mexico.
BUT something needs to be done to prevent this "unknown" delay regardless of which consulate.
In visa revalidation cases, The consulates need to provide a fixed turn around time or have this PIMS check done and then call ask us to go to the consulate.
They cannot leave people who have to get back to work in limbo for weeks together. We need ideas to escalate this to the appropriate authoritites.
It is better to face delays when in India than in Canada or Mexico.
BUT something needs to be done to prevent this "unknown" delay regardless of which consulate.
In visa revalidation cases, The consulates need to provide a fixed turn around time or have this PIMS check done and then call ask us to go to the consulate.
They cannot leave people who have to get back to work in limbo for weeks together. We need ideas to escalate this to the appropriate authoritites.
more...
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shankar_thanu
07-16 12:42 PM
It appears most people here are not aware of how things work at USCIS.
This person would have applied for 485 like many others back in 2004/2005 when PDs were always current. But 485 was taking a long time then due to new security procedures and before his case was picked up, retrogression started. Or he was some special case ( schedule A, etc) which allowed him to apply for 485 some months ago.
In such cases, USCIS processes the case anyway and at the time of final approval, it checks to see if the PD for this case is current. If yes, the case is is adjudicated or else it is set aside until a visa number becomes available.
In June when DOS opened up visa numbers, USCIS swung into action and fired up a simple program which assigns visa numbers to cases already processed (such as the above). 60000 visa numbers can be assigned in seconds. Some numbers would have been assigned on Sunday (July 01) or on Monday morning until the visa number count was exhausted.
There is no surprise here. These approvals are for 485s applied months before this mess began. The real question is, when the quota opens up again on Oct 01, what will the retrogressed PDs be?
You are right, this should give us a clue about how far back the retrogression would be in the Oct 2007 VB
This person would have applied for 485 like many others back in 2004/2005 when PDs were always current. But 485 was taking a long time then due to new security procedures and before his case was picked up, retrogression started. Or he was some special case ( schedule A, etc) which allowed him to apply for 485 some months ago.
In such cases, USCIS processes the case anyway and at the time of final approval, it checks to see if the PD for this case is current. If yes, the case is is adjudicated or else it is set aside until a visa number becomes available.
In June when DOS opened up visa numbers, USCIS swung into action and fired up a simple program which assigns visa numbers to cases already processed (such as the above). 60000 visa numbers can be assigned in seconds. Some numbers would have been assigned on Sunday (July 01) or on Monday morning until the visa number count was exhausted.
There is no surprise here. These approvals are for 485s applied months before this mess began. The real question is, when the quota opens up again on Oct 01, what will the retrogressed PDs be?
You are right, this should give us a clue about how far back the retrogression would be in the Oct 2007 VB
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apt29
09-06 09:43 AM
Visa Class is H1B and it did not expire since you have Valid I-94. I guess I-94 also says visa class is H1B. If your I94 expired for 12months, then the petition also expires, hence you cannot book the appointment.
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JA1HIND
02-14 10:49 PM
Congratulations!!! well done MI participants who made this a big success, hats off to you all..
anilsal
12-03 12:48 PM
Which tells us we need representatives of IV to spread awareness in universities/indian orgs at various univs.
vvenkat007
09-19 06:43 PM
Any idea how many years will it take to Nov 2009 to be current in EB2 category.
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