rsharma
09-24 07:57 PM
Thanks Ramba for the analysis. Kudos to you to bring out the true fact regarding the spill over. I see you are belong to Eb3 ROW category but still you stood for the truth.
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
wallpaper %IMG_DESC_1%
ram04
01-01 10:17 AM
- H1 is still valid even if your 485 got rejected until you get notice to that regard separately.
- If you have not shifted to EAD,You can continue working on H1
I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.
Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.
Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).
All the best.
- Ram
- If you have not shifted to EAD,You can continue working on H1
I continued working on H1 during my MTR approval process( Sep08 to Dec 08). My 485 got rejected due to earlier employers revocation of I 140.
Attorney gets the notice. Find out from all your attorneys and their staff if you have access to do so.
Call USCIS and find out the reason of rejection first or take info pass and find out the reason and act fast. You have already crossed general response time(30 days normally).
All the best.
- Ram
kuhelica2000
01-24 12:18 PM
In my 10 year stay in the US, I have traveled through UK only once and I had promised to myself I will never fly through UK again. Apart from the Transit visa hassel, they do not allow you to carry a laptop in addition to your carry-on. Even if the airline allows you to carry laptop in addition to a carry-on, the obnoxious UK airport authority will force you to pack your laptop inside your carry-on.
Boycott UK!!
Boycott UK!!
2011 %IMG_DESC_2%
as_rudra
01-22 08:19 AM
I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.
G
Thats correct. I came back from India yesterday and i used H1 but my wife used her AP to enter at the POE.
G
Thats correct. I came back from India yesterday and i used H1 but my wife used her AP to enter at the POE.
more...
i99
09-24 12:04 PM
Your attorney HAS to reply to your inquiries. It is stated in every State's BAR website. Otherwise, you have right to make a complaint that stays with the BAR records forever. BAR has to publish it to anyone who asks for information about that attorney. Attorneys do not want that.
We were in a similar situation. We sent an e-mail and left a voicemail saying something like: "In our point of view, a reasonable time for you to reply to our inquiries is 3 business days. If you do not call us and let us know another reasonable period of time for a reply period immediately, we will assume that you will reply to our inquiries and/or let us know the information about our case coming from USCIS in three days".
I guess we are learning this country's ways.
This worked very well ;
Our case:
i99 - I140/485 concurrent/NSC/July@d/R.Williams/No CC/No RN
Atleast your lawyer replies to you:) Our lawyer stopped replying to our e-mails since after mailing the AOS package in July. They don't even entertain phone calls.
We were in a similar situation. We sent an e-mail and left a voicemail saying something like: "In our point of view, a reasonable time for you to reply to our inquiries is 3 business days. If you do not call us and let us know another reasonable period of time for a reply period immediately, we will assume that you will reply to our inquiries and/or let us know the information about our case coming from USCIS in three days".
I guess we are learning this country's ways.
This worked very well ;
Our case:
i99 - I140/485 concurrent/NSC/July@d/R.Williams/No CC/No RN
Atleast your lawyer replies to you:) Our lawyer stopped replying to our e-mails since after mailing the AOS package in July. They don't even entertain phone calls.
she81
06-29 07:59 PM
And I was hoping that my labor stuck at the BEC's will *hopefully* arrive just in time (before september - per what's embedded in BLACK LETTERS on the July VB and DOL) to give me enough to file 140/485... what an awful pathetic joke
more...
CADude
10-12 03:37 PM
Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>
Help required from all pending applicants to show the trend to CIS Ombudsman. Unless we complain and make noise USCIS even don't reconize and accept the problem.
Thank you
CADude,
Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.
Help required from all pending applicants to show the trend to CIS Ombudsman. Unless we complain and make noise USCIS even don't reconize and accept the problem.
Thank you
CADude,
Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.
2010 %IMG_DESC_3%
raidohri
06-15 02:22 PM
Hey Nandu,
How are you man?
whoooo ?
How are you man?
whoooo ?
more...
decastod
09-14 09:29 AM
Finally, We got this email from USCIS. It was a looooong wait, but finally its hear.
For all those who are in line - just hang in there - it will happen.
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Post Decision Activity
On September 10, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For all those who are in line - just hang in there - it will happen.
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXXXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Post Decision Activity
On September 10, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
hair %IMG_DESC_4%
gc_on_demand
11-04 09:58 AM
Admin: If you like you may please close this thread.
Final update on this issue.
Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.
In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.
Thank You and Good Bye!
Lawer will not give such info becasue people will stop filling new labor and they will loose business. More RFE and Audited case more work for them..
LOL !!
Final update on this issue.
Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.
In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.
Thank You and Good Bye!
Lawer will not give such info becasue people will stop filling new labor and they will loose business. More RFE and Audited case more work for them..
LOL !!
more...
dalssunil
09-19 03:59 PM
I have applied my I485 and EAD based on EB3, I have received EAD for me and my wife, in parallel I had also applied for I140 based on my EB2 application. Now my I140 has been approved for EB2 and PD is current for EB2. I was wondering if there is any way that I can get my I485 transferred to EB2 and how can I get it done...
Could someone please suggest...
Thanks in advance
Could someone please suggest...
Thanks in advance
hot %IMG_DESC_5%
reddymjm
08-07 03:51 PM
Lets say some miracle happens and EB3 becomes current and EB2 backlogged,
all these calling Us and Lawsuit guys will be the first one to port their PD.
all these calling Us and Lawsuit guys will be the first one to port their PD.
more...
house %IMG_DESC_17%
ItIsNotFunny
01-15 01:27 PM
IV members, Please go to chnage.gov and vote for my idea. No one has gone and voted up for this yet. Wakeup please. Go and vote for a good cause.
I thinks its a better idea to post URL for your idea.
I thinks its a better idea to post URL for your idea.
tattoo %IMG_DESC_6%
walking_dude
10-31 03:58 PM
Let us all send AC21 action item mails to USCIS. Let us send some more through our spouses and teenage children. Also get some more signed by our friends and neighbors.
The letters are very generic. They can be sent by anyone including GC holders and citizens too. All it costs is a few Dollars! So what are you waiting for you? If you have hired a nanny, make her send one too :)
The letters are very generic. They can be sent by anyone including GC holders and citizens too. All it costs is a few Dollars! So what are you waiting for you? If you have hired a nanny, make her send one too :)
more...
pictures %IMG_DESC_7%
CADude
11-09 12:03 PM
I do received RD as July 2nd and ND: Oct 10 on RN. I am not planning to bug IO@NSC for EAD or NC untill Jan 2008 or I see my PD current per VB.
I called yesterday and spoke to an IO at TSC.. she says I am seen pending for name check as of Oct 17.
I am a July 2 filer.
CAdude.. I have a question for you though.. Did your notices show receipt dates of 2nd July or different.
I spoke to my lawyer about getting it fixed.. but they never responded to me back.
*Happy Diwali*
I called yesterday and spoke to an IO at TSC.. she says I am seen pending for name check as of Oct 17.
I am a July 2 filer.
CAdude.. I have a question for you though.. Did your notices show receipt dates of 2nd July or different.
I spoke to my lawyer about getting it fixed.. but they never responded to me back.
*Happy Diwali*
dresses %IMG_DESC_12%
gc_wow
09-24 11:27 PM
It looks like atleast 75% of EB2 I with priority dates 2004 seems to be approved, this should bring down the count of 2004 less than 1000 may be little more than 1000.
more...
makeup %IMG_DESC_9%
gc_nebraska
08-12 12:48 PM
Congrats ! All who got greeened today and also good to PD DEC'05 approvals ...............
girlfriend %IMG_DESC_14%
gapala
04-24 03:57 PM
But are n't they proposing 50 % rule.. how can a small desi company afford 50 % US citizen staff ? That is why may be people think consulting companies will not work.
but what I think is it will make them less profitable. Very small body shoppers will go out of business. Med to large indian owner based consulting companies will be less profitable.
Guys with stock investment in indian IT compnies Heads UP !
50% rule - Does this cover only US Citizens or includes GC as well? not clear... may be senators didn;t think about GC folks in this bill... A lot of the companies, I believe will have 50% with GC holders/citizens/T1/OPT/Add any other visa category who can work.. Since the bill restricts only H1B/L1.
There are some assumptions, I guess on above post, that americans are paid more etc... which is totally wrong... A lot of the folks in this community, I believe, based on my own experience are paid more or at par with american counterparts. (I guess, about the profitability, if you mean it in terms of less productivity, I agree with that.)
I guess the genuine companies will move the H1/L1 staff abroad along with positions to meet this requirements if at all this becomes law. What that means is more job loss in US. (Whether US has 50% of total "high skilled" work force necessary to run the operations of all the companies is another important question... I do not think so, may be the senators are considering highschool dropouts to handle the "high skilled" jobs :), I read somewhere about a recent survey and only 27% of 25-45 age group of population has a college degree in all discipline. I will try to find the link)
Over all, I see this move by senators as short sited and will prove disastrus to America in long run given the fact that no other country in the world is as dependent on technology / research and development as US.
but what I think is it will make them less profitable. Very small body shoppers will go out of business. Med to large indian owner based consulting companies will be less profitable.
Guys with stock investment in indian IT compnies Heads UP !
50% rule - Does this cover only US Citizens or includes GC as well? not clear... may be senators didn;t think about GC folks in this bill... A lot of the companies, I believe will have 50% with GC holders/citizens/T1/OPT/Add any other visa category who can work.. Since the bill restricts only H1B/L1.
There are some assumptions, I guess on above post, that americans are paid more etc... which is totally wrong... A lot of the folks in this community, I believe, based on my own experience are paid more or at par with american counterparts. (I guess, about the profitability, if you mean it in terms of less productivity, I agree with that.)
I guess the genuine companies will move the H1/L1 staff abroad along with positions to meet this requirements if at all this becomes law. What that means is more job loss in US. (Whether US has 50% of total "high skilled" work force necessary to run the operations of all the companies is another important question... I do not think so, may be the senators are considering highschool dropouts to handle the "high skilled" jobs :), I read somewhere about a recent survey and only 27% of 25-45 age group of population has a college degree in all discipline. I will try to find the link)
Over all, I see this move by senators as short sited and will prove disastrus to America in long run given the fact that no other country in the world is as dependent on technology / research and development as US.
hairstyles %IMG_DESC_11%
drona
07-11 02:32 PM
I'd be surprised if Arnie is anti-immigration considering he is an immigrant himself.
gc_wow
09-23 09:03 PM
If EB2 row perm hits 10000 apps thats it pd wont move a bit. That will happen as soon as hiring starts again. This will happen any time, if this not happen until sep 2010, then EB2 has a chance. There are about 15000 (approx) EB2 Row apps siiting ducks in Perm centers, if ROW PErm eb2 approvals start flowing then we are just stuck. It all depends on EB2 Row Now. That is the one we need to watch closely.
nish
06-12 05:27 PM
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
No comments:
Post a Comment