learning01
04-25 05:18 PM
Tell me, in any of the bills that came in 2005, PACE, CIR. Dream Act etc., or later, IS there even one mention or a discussion of changing the PD? Let's discuss more on how to bring out more into the open, the issues the H1 visa holders are facing from their small time employers in applying for permanent residence, backlog issues and how redtape is destroying these young men's goals, about lack of visa numbers.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
Why there is even a provision in the last Senate bill, for illegals to SELF petition for GC, if employer doen't apply in 2 years. Let's discuss about a similar provision for H1 visa holders who are legally working here, paying taxes. Let's discuss even more important issue.
Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
This last point will resonate well with all It will be picked up easily; you will see the panic flying in the press, TVs, Senate and what not, when a simple mention of it is made.
These are the practical things we need to discuss. Not a theoritical PD definition, on which we have no locus standi.
I agree with this little bit but to implement will be tough. There are people coming into US on h1 and leaving every year from big indian consulting companies. It should be like below.
1. Priority date should be date when the person enters the country.
2. The person should have paid taxes consecutively for n years(n=3.4.5...)
3. This should be applicable only for H1 and not for any other visa categories.
If the above is not possible, then
1. Labor substiution should be allowed only for the person who is in US continiously for n years(n=3.4.5...) and paid taxes. With this approach, a new comer cannot get the exisitng labor. Win Win to all.
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immm
07-18 03:27 PM
I am confused about receipt date?
Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
Is receipt date the date when they do data entry into the system or is it the date when they receive the package even though they may do data entry a month later?
My application was sent on June, 14th and delivered on June 15th (I have the FedEx tracking info and signature page confirming 6/15).
The case status online based on receipt number (obtained by calling them a few times until I got lucky) says:
"On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case."
Not sure if the online status is referring to the receipt date or the notice date when it says "On July 11, 2007, we received" when, in fact, they received it on June 15th!!
.
JunRN
09-30 03:34 PM
Don't expect anything from Nebraska Service Center today. Somebody from who live few minutes away from NSC said that the parking lot at NSC is empty today. Yesterday, she saw that it was full from 7 to 12 nn but was empty in the afternoon.
What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
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nixstor
04-02 12:31 PM
respecting policies and law is one thing.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
lack of a good implementation plan and improvement over a number of years is another thing.
We can't just poke around an established government agency because we feel they are not doing their job properly.
What do you (You refers to people who think above, not one in particular) say about the people who filed lawsuit and got the 180 day Name check rule to implementation faster? Not that I am proposing lawsuits, just an example to disprove what you said.
I am trying to figure out what you guys are trying to say. If you guys think that CIS will give you the GC on the day they will feel like and you are cool with it, Why even hopping around boards either for information or anything. Just follow the processing times and see whether number has been called or not. 99% of the crowd thinks here that we can get a better policy by making our voice heard. I dont see rational and logic between what you are saying and what you are doing, unless you are smartly drawing a wedge or trying to scare away people saying that you are not a citizen, you will get busted.
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Green.Tech
06-20 02:20 PM
Bump w/o $$$!
gjoe
10-03 05:37 PM
Every year congress mandates that 140k immigrant visas may be issued. Lets say, in a particular year 200k applications were sent in, but only half of them could reach a stage where they could be approved (rest half are stuck in name check et al). Now you can approve only 100k which means that 40k visas which could have been used will go wasted for that year.
If visa numbers are assigned to cases as soon as the application is entered into the system based on the PD even if there case is not approved that year still they can get the visa whenever there case can be approved so effectively no visas are wasted in any year.
If visa numbers are assigned to cases as soon as the application is entered into the system based on the PD even if there case is not approved that year still they can get the visa whenever there case can be approved so effectively no visas are wasted in any year.
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diptam
08-11 04:14 PM
I've made some date changes to the NSC letter - rest are all absolutely same. It's good to know that this letter does NOT need to be signed by Employer. Lets wake up friends !!!!!!!!!!!!!!!!!!!
From,
ABC XYZ
Address:
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for Apr - June 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the May 07. I have been waiting for more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around Mar 22nd 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their Approvals) that NSC has been processing & approving cases filed post August-September 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition (based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during Apr-June 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
ABC XYZ
Phone : -
Email : -
Address: -
Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.
From,
ABC XYZ
Address:
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for Apr - June 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the May 07. I have been waiting for more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around Mar 22nd 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their Approvals) that NSC has been processing & approving cases filed post August-September 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition (based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during Apr-June 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
ABC XYZ
Phone : -
Email : -
Address: -
Your employer does not need to sign the letter. You can sign the letter. On section 12 of the form 7001 mention " please see the attached letter" and then include the letter to be mailed to Ombudsman's office.
2010 2007 07 Mercedes-Benz SLK 280
gc_check
03-05 09:46 PM
My PD is March-2003 and I didn't get the labor cleared till Late 2006
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
Prior to BEC, the Labor certs need to clear the state and then regional processing center. Stated like NJ, NY, CA, etc the wait time for Labor was years, while Iowa, MA, etc cleared labor in few months and many lucky folks got the GC from start / labor to 485 approval in 15-18 months... The unlucky ones (me included) are stuck now even with earlier PD in AOS... Hope something good happens in second half of FY09 atleast.... for all
I just can't help wondering how did you get your labor in 2004 with the PD of May-2003? How come snake of BEC didn't bite you? :)
Prior to BEC, the Labor certs need to clear the state and then regional processing center. Stated like NJ, NY, CA, etc the wait time for Labor was years, while Iowa, MA, etc cleared labor in few months and many lucky folks got the GC from start / labor to 485 approval in 15-18 months... The unlucky ones (me included) are stuck now even with earlier PD in AOS... Hope something good happens in second half of FY09 atleast.... for all
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Mouns
04-30 03:37 PM
And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
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ivgclive
12-11 02:55 PM
i sent all documents to loan officer at wells fargo for refinance. I sent I-140, EAD copy for immigration documents. just got email from loan office that he received my file back from underwriter and ask for greencard copy front and back as underwriter said EAD is not acceptable (Employer can not sponsor borrower).
could anybody please tell me what to do now?
thank you:(
May be they approve loan for only people who run away and screw up economy.
Try with a different bank.
There are many who bought home with H1B visa.
My street has 3 people who are in H1B (not even 140 approved) and great homes.
could anybody please tell me what to do now?
thank you:(
May be they approve loan for only people who run away and screw up economy.
Try with a different bank.
There are many who bought home with H1B visa.
My street has 3 people who are in H1B (not even 140 approved) and great homes.
more...
eb3retro
07-11 12:33 PM
i will ask the iv folks who keep in touch with USCIS if they know anything. AFAIK though, USCIS has come out with no answers other than quoting the non availability of adequate visa numbers. if there is any more info i will let you know...
paskal, thanks for the reply. whats very frustrating for me is, these guys mess up so badly and they get away with no trace , we all know that this happened in the past and probably is happening currently too. All we are asking is a fair FIFO method and proper usage of visa numbers with transparency. The mere fact that they are not transparent raises many doubts in many minds. And these questions are not coming from those people who filed for their greecards an year or 2 ago..i just read a post in this same thread that this person has been waiting for his green card for 10 years...this is the height of ridiculousness and there is a limit for our patience, and this is it...
paskal, thanks for the reply. whats very frustrating for me is, these guys mess up so badly and they get away with no trace , we all know that this happened in the past and probably is happening currently too. All we are asking is a fair FIFO method and proper usage of visa numbers with transparency. The mere fact that they are not transparent raises many doubts in many minds. And these questions are not coming from those people who filed for their greecards an year or 2 ago..i just read a post in this same thread that this person has been waiting for his green card for 10 years...this is the height of ridiculousness and there is a limit for our patience, and this is it...
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I_need_GC
03-25 02:27 PM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
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glus
07-06 01:09 PM
chertoff will be the one who will be questioning/grilling/waterboarding USCIS....not resigning....
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:
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mpadapa
09-10 11:14 AM
Inspite of the new spillover policy and the additional FB visa's the EB2-I has retrogressed. This shows there is quite a bit of EB2-I demand. Regarding EB3I movement, donno when it will come out of the 2001 slump. The actual bulletin might show the ROW movement that could provide some hint to how the spillover can influence the EB2I forward movements.
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Mayday
05-09 08:11 PM
actually I am pretty sure they are misinterpreting some more general requirement, like you have to be PRESENT in the USA for at least 6 months and being allowed to be present for more than a year, to apply for DL. Since for the first 12 months you can use a foreign DL.
do not trust clerks that sit at the entrance; they proved to know almost nothing about visa, I-94 and etc. If some rules seem absurd, go for manager right away and do not waste time on low-level clerks. Let them do their routine work - US citizens address changes and school-children DLs.
I have to go through them every time I need to change the address and/or get DL. Every time it ends up with a manager, and every time manager calls some other department and it ends up with issuing DL. So simply be persistent. If manager refuses - request written decline with law quote that they used to decline your application. Read this law and appeal based on what is said there.
do not trust clerks that sit at the entrance; they proved to know almost nothing about visa, I-94 and etc. If some rules seem absurd, go for manager right away and do not waste time on low-level clerks. Let them do their routine work - US citizens address changes and school-children DLs.
I have to go through them every time I need to change the address and/or get DL. Every time it ends up with a manager, and every time manager calls some other department and it ends up with issuing DL. So simply be persistent. If manager refuses - request written decline with law quote that they used to decline your application. Read this law and appeal based on what is said there.
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willIWill
12-10 07:12 PM
Repenting that i miised the chance, and should have applied at that time.
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.
If it is any solace, you actually did not miss the boat!
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.
If it is any solace, you actually did not miss the boat!
more...
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shankar_thanu
07-18 12:49 PM
after going through some of the posts, i understand that there were earlier attempts to add SKIL amendments to other bills but it didnt fly..
Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...
Was there similar attempts to add provisions to 'capture unused numbers' and 'not include dependents for visa number count' to other bills before? Are these much more difficult to get done? Just want to know the history of these issues in the legislature...
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santb1975
05-24 10:30 PM
We are talking about HR 5882,5921 and 6039. Very few people are working very hard to take all of us a step ahead with the GC process and we have lots of hope and we also have direction. Please check with your state chapter lead for latest updates.
Which bills are you talking about? I read most were dropped from Iraq funding bill that passed recently.
We are just drifting my friend..no direction..no hope....
Which bills are you talking about? I read most were dropped from Iraq funding bill that passed recently.
We are just drifting my friend..no direction..no hope....
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Libra
07-15 09:50 PM
I dont know how much my 25 dollars help IV cause, but i want to see eb3_nepa's HIGH FIVE campaign a big success.
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485Mbe4001
08-04 04:44 PM
i dont understand the point of your discussion. i doubt if you are EB3 or really care about helping with the letter. you wanted to make a point, you made it, no use arguing for arguments sake. Do you think that sending a 'factually correct' letter will make the dates active or get a different response. You imagine that a person at USCIS is sitting with a red pen correcting letters from 'highly skilled' applicants? A letter is an opinion to highlight an issue important and critical to them, let them express it. You can mail them a rebuttal if you want, why are you sowing doubts and ridiculing people who are interested in doing something.
if you want to help us, then why dont you critique the number USA letters, they are certainly not 'factually correct'. You can go there and defend our cause.
if some people want to send letters, let them send.
You havent experienced a long wait, i hope you dont. There are various reasons why people cannot use AC21...when you reach that stage you can weigh the pro's and con's.
If one is lucky enough to get a job of company vice-president then I am sure, in that case, company can do another I-140 and get PD ported.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
I wish that he (guy in next cubicle) gets I-140 approved soon.
>> He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current?
If his qualifications does not match with EB-2 job qualification, there is nothing much can be done in that case.
I am sure that many people would like to know when their PD is going to be current, but this can not be answered by anyone. Visa Bulletin dates depends on various input factors and they keep changing every month.
The PD uncertainty is, obviously, a part of GC process and kinda unknown factor.
if you want to help us, then why dont you critique the number USA letters, they are certainly not 'factually correct'. You can go there and defend our cause.
if some people want to send letters, let them send.
You havent experienced a long wait, i hope you dont. There are various reasons why people cannot use AC21...when you reach that stage you can weigh the pro's and con's.
If one is lucky enough to get a job of company vice-president then I am sure, in that case, company can do another I-140 and get PD ported.
BTW, I am yet to see any such cases where someone is offered job offer for vice president whereas he/she is working as Programmer.
I wish that he (guy in next cubicle) gets I-140 approved soon.
>> He was considered a EB-3 I. Don't you think he wants to know how many decades it will take for his dates to get current?
If his qualifications does not match with EB-2 job qualification, there is nothing much can be done in that case.
I am sure that many people would like to know when their PD is going to be current, but this can not be answered by anyone. Visa Bulletin dates depends on various input factors and they keep changing every month.
The PD uncertainty is, obviously, a part of GC process and kinda unknown factor.
bestofall
07-15 04:40 PM
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