Thursday, June 9, 2011

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  • sayonara
    07-18 04:03 PM
    Does this mean Interim EAD option is not available any more? Was there a press release for this?

    Thanks


    1. Can we use AC21 provision without EAD card ?

    Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.

    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?

    Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.

    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
    :confused:




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  • james_bond_007
    12-07 02:44 PM
    I believe consular processing can be used only if the dates are current. It might take a long time for 2003 April EB3 India to be current. Since Green Card is for future employment, is there anyway to continue the Green Card process while in India ??




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  • JunRN
    12-17 06:57 PM
    Almost always, AC21 can trigger an RFE or interview. There's always a risk in filing AC21. First, your new employment may not match your LC therefore your GC will be denied. Second, the new employer is banned by USCIS and that is not in your knowledge. Lastly, AC21 rule may change anytime because the standing rule is just a memo from previous USCIS chief. If that changes and you're in the middle of it, you might find yourself ineligible.

    If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.




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  • morchu
    05-08 04:29 PM
    Hei... when you have the opportunity for an earlier PD just take it. Nobody can predict how EB1 PD will be in future. You loose nothing.

    A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.

    .... Since EB1 is current most of the times......



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  • dilbert_cal
    02-09 11:08 AM
    If you have a choice of LOA, you should go ahead and take it.

    RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.

    Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.

    Best of luck and hope you get your GC soon.




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  • carbon
    05-21 05:41 PM
    Immigration Voice has taken a position against the bill in its current form. .

    And that is the position of everyone in this country except 20 insider deal senators.

    You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.

    In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".

    Have some dignity man...

    But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)



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  • GCPagla
    02-12 11:00 AM
    Hi,
    My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
    I am working on EAD now, which is valid through 07/06/2012.
    I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".

    Following are the details from my labor:

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    Reponsibility:
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".

    Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?

    Thanks in advance.




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  • istrategist
    03-19 10:54 PM
    First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.

    However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.



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  • samuel5028
    02-28 04:27 AM
    Not a good place for GC.....:eek:

    There are 40,000 available annually, but the wait is typically between six and nine years. someone should sponsor for you to get a green. If you perform well hope you get a green card soon with the help from your US employer.




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  • cbpds
    02-23 12:53 PM
    please change the subject of this thread to "loan denied" otherwise its assumed to be H1/Stamping denied

    I'm not sure about Mortgage.

    But for Cars I heard below.

    One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.

    One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.

    Forget about Banks, even Credit Unions are doing the same.



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  • tnite
    08-18 09:45 AM
    that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K




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  • Sandeep
    03-07 05:43 PM
    The Program Assessment Rating Tool (PART) was developed to assess and improve program performance so that the Federal government can achieve better results. A PART review helps identify a program’s strengths and weaknesses to inform funding and management decisions aimed at making the program more effective. This is what the DOL's review (http://www.whitehouse.gov/omb/budget/fy2006/pma/labor.pdf) shows. It is very informative as we come to know that they themselves are admitting serious flaws

    Page 211
    Is the program design free of major flaws that would limit the program's effectiveness or
    efficiency?
    Answer: NO
    Summary
    The DOL admits that these are the problems:
    - "current process is paper- intensive, duplicative in places, and inefficient"
    - "vulnerability to fraud and abuse"
    - The whole process is meaningless because "it could be years between the recruitment efforts described in an application to DOL and the time a labor certification issues or the alien adjusts to permanent resident status"
    -"the certification itself lacks critical safeguards"

    Page 213
    Does the program have baselines and ambitious targets for its annual measures?
    Answer: NO
    "Program goals lack specific, ambitious annual targets. For example, the published backlog reduction targets would not result in elimination of the backlog in two years, as the program currently plans. And the goal to reduce processing time to six months for 90% of applications (currently 32 months) may not be either sufficiently tailored or ambitious for the new automated review process, if processing rates hold true to plan."
    Summary
    The DOL says that they have promised somethings but it is not doable !!!

    Page 213
    Are Budget requests explicitly tied to accomplishment of the annual and long- term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?
    Answer: NO
    Like the rest of DOL, ETA does not have an integrated accounting and performance management system to identify the full cost of achieving this program's performance goals and support day- to- day operations.
    Summary
    The DOL says that they have no idea of how much it will cost. So how are they planning to go ahead and get the resources to clear off all the cases in the BECS?

    Page 218
    Do independent evaluations of sufficient scope and quality indicate that the program is effective and achieving results?
    Answer: SMALL EXTENT
    Ongoing stakeholder concerns and findings from program evaluations or OIG audits conducted in years past raise serious questions about the design,management, and accountability of the current program.
    Summary
    There are a lot of audits saying that there is something seriously wrong


    Page 219
    "The goal of eliminating the backlog by the end of FY 2006 is a result of an external evaluation conducted in 2002. Lengthy processing times are a majorconcern for program stakeholders. Though the goal is ambitious, there is a disconnect with the published targets, which cover only the state- level backlog of 270,000 cases (not the additional cases pending at the federal level) and would not accomplish the goal within two years."
    Summary
    Though they have stated that their goal is 2006 there is no way that is going to be true

    And inspite of all this the program rates "ADEQUATE" ?



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  • desih1b
    04-06 10:01 AM
    Sorry to hear about your dad's health.

    As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.

    If you applied for 485 and have AP, please keep it with you in case of need.

    thanks




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  • bandoayan
    12-21 11:50 PM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK

    My H1 petition (3 yr extension after completion of 6 yrs) was approved on 10/4/2010 and I had my visa interview at the Kolkata Consulate on 10/29/2010. I was a little concerned because PIMS had mostly been an issue for newly approved petitions and in my case the approval was granted only 25 days before the interview. On the interview day, we were made to wait a little longer than the B1/B2 cases and the visa officer finally called us. We were asked some formal questions and visa was granted. Possibly the PIMS verification was done while we were waiting. Hope this helps!!



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  • Rajkrish9
    10-30 11:07 PM
    Hi All,

    I need urgent help and suggestions for my situations..

    I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

    In July'2007 applied I-485 which is pending for myself and my wife as well.

    EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

    With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

    1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

    OR

    2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

    Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

    If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

    It's very emergency..

    Thanks,
    Raj.




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  • jayram123
    08-13 02:19 PM
    I filed on my own and I actually flew to Nebraska Svc Center and had it delivered through a messenger at 8.05 am. No updates so far. Checks have not been cashed. I haven't called USCIS since I did not want to burden them.

    Your question has been answered numerous times already but to answer your question, if your lawyer filed the app on your behalf then he would get the notice (based on form G28). If not, you would get it.



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  • admin
    01-29 11:50 AM
    Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".

    Here is an excerpt of his analysis from http://www.immigration-law.com/


    The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.

    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.

    The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.

    It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.




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  • cherupally
    09-05 11:37 AM
    Does anybody has format for Non-availability of Birth Certificate? If yes, can somebody post the format please..




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  • gc_on_demand
    07-14 10:47 AM
    I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?




    paskal
    09-29 12:30 PM
    Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.

    I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).

    it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
    here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
    extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
    the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....

    btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!




    Caliber
    09-02 11:00 AM
    Yes lot of EB3 approvals for many in their SWEET DREAMS.. yesterday night...:)

    Dear Saralayar,

    I envy you.... for getting sweet dreams.

    I am withdrawn....defeated...so will get only bad dreams..

    Good luck



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