kannan
03-18 04:52 PM
My application date July 2 /2007
Notice date Aug 22 /2007
Mine is NSC to CSC
Till today No FP
Finally today Mar 18 I got a mail saying
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
So now on what basis date, RD Aug 22 or transfer date Mar 18 they will touch my case .How long will it take ? Any body on same boat.....
Notice date Aug 22 /2007
Mine is NSC to CSC
Till today No FP
Finally today Mar 18 I got a mail saying
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
So now on what basis date, RD Aug 22 or transfer date Mar 18 they will touch my case .How long will it take ? Any body on same boat.....
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Blog Feeds
06-13 05:40 PM
Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
zymorian
03-07 11:38 AM
Hi, this is my first time in the forum and I wish to seek advice on my situation.
I'm a green card holder (singapore citizen) who got married while being a US PR. I wish to apply for my wife (singapore citizen) a green card.
How long is the typical wait? while applying, is it true that my wife can't enter the US?
I kind of know the answers but would like to confirm with this forum. I know the situation can be pretty bleak.
Many many thanks,
I'm a green card holder (singapore citizen) who got married while being a US PR. I wish to apply for my wife (singapore citizen) a green card.
How long is the typical wait? while applying, is it true that my wife can't enter the US?
I kind of know the answers but would like to confirm with this forum. I know the situation can be pretty bleak.
Many many thanks,
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snathan
04-15 11:37 AM
Hi
I concurrently filed both my I-140 and I-485 back in Oct 09. My I-140 was approved on March 18th and then nothing since. I read that by concurrent filing the process is quicker. I am on an EB1-C. My question is has anyone had any experience in the time frame for concurrent filing under the category i am under? I have checked the tracker and cannot see anyone in similar position. Time line is what i am looking for or is it a "wait and see" situation?
Thanks
Please provide us more information. If you are working as a manager in IT and especially from Indian companies, USCIS is investigating the EB1C cases as there is rampant corruption and manipulation. I am not sure what you mean by EB1-C - is it china or EB1C.
would you mind to tell us which company sponsoring your GC.
I concurrently filed both my I-140 and I-485 back in Oct 09. My I-140 was approved on March 18th and then nothing since. I read that by concurrent filing the process is quicker. I am on an EB1-C. My question is has anyone had any experience in the time frame for concurrent filing under the category i am under? I have checked the tracker and cannot see anyone in similar position. Time line is what i am looking for or is it a "wait and see" situation?
Thanks
Please provide us more information. If you are working as a manager in IT and especially from Indian companies, USCIS is investigating the EB1C cases as there is rampant corruption and manipulation. I am not sure what you mean by EB1-C - is it china or EB1C.
would you mind to tell us which company sponsoring your GC.
more...
poonam.daulat
05-11 06:48 PM
Hi, I am on L1B since Dec'10. My visa is expiring in Apr'11. Due to project requirement, my company has plan for my visa extension. Is there any way to get the GC? If part-time study can help to process my GC faster, I am ready for that too.
Looking forward for your professional guidance.
Thanks & Regards... Daulat
Looking forward for your professional guidance.
Thanks & Regards... Daulat
krithi
02-07 04:38 PM
Its waived if you are a returning on H1/L1 visa, but it din metion anything about using AP on return.
Thnx,
Java
Thnx,
Java
more...
Ann Ruben
02-14 11:34 AM
An H-1 petition filed by a new employer should have no direct impact on your AC-21 GC process. Because you are not currently in a valid non-immigrant status, you are not eligible for a change of status in the US. In any event, the petition would not be valid before 10/1/2010 assuming the employer is not cap exempt. So, you would have to travel out of the US to apply for the H-1 visa to be stamped in your passport. To be safe, you should make sure you have a valid AP with you before travelling just in case there is a problem ofr delay at the consul.
Ann
Ann
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little_willy
10-07 08:12 PM
Hi,
My friend and his family got their GC's approved last week. They also have Canadian GC. My friend is the primary applicant and she is currently in US, but her husband is in India. He did not apply for an advance parole and was planning to re-enter the country using his Canadian GC. Now that his US GC is approved, will there be any issue at the port of entry?
Thanks for your help!
My friend and his family got their GC's approved last week. They also have Canadian GC. My friend is the primary applicant and she is currently in US, but her husband is in India. He did not apply for an advance parole and was planning to re-enter the country using his Canadian GC. Now that his US GC is approved, will there be any issue at the port of entry?
Thanks for your help!
more...
raysaikat
07-19 02:32 PM
I am a physician with subspeciality board certification. I have been in AOS/EAD since July 2008 as a dependent on my wifes EB3 Employment based petition.
Due to current retrogression, I want to explore the EB1 route. The question I have is can I apply for a new EB1/AOS in view of my current status of being in AOS/EAD already.
Yes, you can. This will be an independent petition, and will have no effect on the existing I-485 (at least, in principle - the USCIS may get confused if they see two petitions, and issue RFE, denial, etc., in which case you need to reply back to them with proper evidence, etc.).
What impact will it have on my wife if I choose to add her as dependent.
Your wife can be a dependent on your EB1 petition and file another I-485 based on your EB1 I-140. Again, this is independent of her own petition I-140 (and the I-485 based on the EB3 I-140), and in theory, the two petitions should not interfere with each other.
Due to current retrogression, I want to explore the EB1 route. The question I have is can I apply for a new EB1/AOS in view of my current status of being in AOS/EAD already.
Yes, you can. This will be an independent petition, and will have no effect on the existing I-485 (at least, in principle - the USCIS may get confused if they see two petitions, and issue RFE, denial, etc., in which case you need to reply back to them with proper evidence, etc.).
What impact will it have on my wife if I choose to add her as dependent.
Your wife can be a dependent on your EB1 petition and file another I-485 based on your EB1 I-140. Again, this is independent of her own petition I-140 (and the I-485 based on the EB3 I-140), and in theory, the two petitions should not interfere with each other.
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ak_2006
07-08 04:14 PM
Demand Data Used in the Determination of Employment Preference Cut-Off Dates (Updated 7/8/2010) (http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf)
OR
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
This means Visa bulletin will come pretty soon. Good Luck to EB2!
OR
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
This means Visa bulletin will come pretty soon. Good Luck to EB2!
more...
smsthss
12-19 08:57 AM
if EAD is used, can we come back to H1B when needed?
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panky72
07-25 11:35 AM
Dear friends,
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
Congratulations
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
Congratulations
more...
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lazycis
01-24 08:45 AM
what about the july 07 fiasco filers..i know GC will only be given when visa numbers are available but atleast if 485 is approved we know we are half way thru...no matter the files will be licking the dust for years..gurus please share.
Thanks in advance
I-485 cannot be approved without a visa number. You will not know whether you are half way thru or not. But cheer up, the approval rate for EB AOS is more than 90%.
Thanks in advance
I-485 cannot be approved without a visa number. You will not know whether you are half way thru or not. But cheer up, the approval rate for EB AOS is more than 90%.
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swo
09-28 05:12 PM
Yes, the new quota starts on Monday. However, you still need a current priority date and all security clearnances before you are eligible for approval. (At least that's how it will work for the most part).
Who knows if they used all the 2007 numbers up. I suspect they will be very close to having done that given the number of applications they had.
Does the new Quota start Monday Oct 1 st?? Can we see approvals coming right away or will USCIS take some time to access the number of application received and then request the visa numbers..
Also did USCIS use up all numbers for 2007?
Any ideas???:confused:
Who knows if they used all the 2007 numbers up. I suspect they will be very close to having done that given the number of applications they had.
Does the new Quota start Monday Oct 1 st?? Can we see approvals coming right away or will USCIS take some time to access the number of application received and then request the visa numbers..
Also did USCIS use up all numbers for 2007?
Any ideas???:confused:
more...
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sembat
06-15 09:40 PM
I kept checking for the processing times for I-140 for my wife on the following link https://egov.uscis.gov/cris/jsps/ptimes.jsp under the Nebraska center. Till yesterday the post date was showing May 18th and the processing time for I-140 was shown as 'September 2006' today the posted date changed to 15th June but the I-140 processing date went back to 'January 2006'. Can someone explain how is this possible? Shouldnt the processing date mean that applications received till 25th Sept 2006 have been processed? If thats correct then how can the date go back to Jan 1 2006? I dont think this can be a typo, it must have some reasoning. I would appreciate if someone can explain this in the forum
Thanks
--sembat
Thanks
--sembat
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prakumar
07-18 11:37 AM
I am in a complicated situation...
Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.
So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.
So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
more...
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dc2007
08-08 08:53 PM
I have a peculiar issue. I was working with a company from 2000 to 2004 on H1B and then went back to India for good. During that period I applied for Labor.
I joined the same company again and came back to US in Feb 2007 on new H1.
Now I am applying for I-485 for myself, my wife and daughter. My lawyer is saying that I have to fill I-134 (affidavit of support) also. But my salary is around 55K and I don't have much balance in bank. Its around 2-3 K only.
My question is, can I show assets/money from my Indian bank. I have talked to a CA in INdia and he will prepare a statement for me.
I am not sure if I can use that in I-134 or not. Can anybody has done that ?
Any help/suggestion would be appreciated..
Thanks and Good luck to all
I joined the same company again and came back to US in Feb 2007 on new H1.
Now I am applying for I-485 for myself, my wife and daughter. My lawyer is saying that I have to fill I-134 (affidavit of support) also. But my salary is around 55K and I don't have much balance in bank. Its around 2-3 K only.
My question is, can I show assets/money from my Indian bank. I have talked to a CA in INdia and he will prepare a statement for me.
I am not sure if I can use that in I-134 or not. Can anybody has done that ?
Any help/suggestion would be appreciated..
Thanks and Good luck to all
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neeidd
03-04 01:04 PM
Hi,
I am wondering if I can sent both my and mywifes EAD applications in one envelope to USCIS or do I have to send them separately. I am not asking to save money on postal costs , as everyone knows we all spent 1000's of dollars in this GC process. I am only asking so that our(my and mywife) applications are processed together?
Thanks in advance for your input
Regards
I am wondering if I can sent both my and mywifes EAD applications in one envelope to USCIS or do I have to send them separately. I am not asking to save money on postal costs , as everyone knows we all spent 1000's of dollars in this GC process. I am only asking so that our(my and mywife) applications are processed together?
Thanks in advance for your input
Regards
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warrior
08-26 11:57 AM
Excellent Article.. need to show to all senators...
nnk555
05-04 11:10 PM
Thanks for reply.
xyz
06-14 07:33 PM
Interesting findings in the USCIS Ombudsman report - 2007.
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321
From the report:
Employment-Based (EB) Green Card Applications
(Annual Report pp. 32-37)
In FY 06, over 10,000 visas were lost because of slow processing of EB cases, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. As of May 2007, the
State Department estimated that 40,000 EB visas may be lost in FY 07 if USCIS does not increase the
processing rate for green card applications. The Ombudsman attributes the slow rate of adjudications to inaccurate statistics and inefficient USCIS management of its workload. The problem will become significant in the coming fiscal year if there is a dramatic increase in EB green card applications, and a significant backlog is likely to develop if this problem goes unaddressed.
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321
From the report:
Employment-Based (EB) Green Card Applications
(Annual Report pp. 32-37)
In FY 06, over 10,000 visas were lost because of slow processing of EB cases, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. As of May 2007, the
State Department estimated that 40,000 EB visas may be lost in FY 07 if USCIS does not increase the
processing rate for green card applications. The Ombudsman attributes the slow rate of adjudications to inaccurate statistics and inefficient USCIS management of its workload. The problem will become significant in the coming fiscal year if there is a dramatic increase in EB green card applications, and a significant backlog is likely to develop if this problem goes unaddressed.
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