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Tuesday, June 21, 2011

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  • imh1b
    04-29 12:59 PM
    Quick Chain of events .

    India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .

    'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)

    1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.

    2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .

    4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.

    5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.

    Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.

    Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.

    You guys only see your greencard hidden in every news story. At least you did not write now people will get more soft LUD because this deal fell through.

    The US India relationship will now get better.

    For once some Indian politician thought sensibily about India's interest.
    Read this news UPDATE 1-US to supply Pakistan with 85 mini-drones | Reuters (http://www.reuters.com/article/2011/04/21/usa-pakistan-drones-idUSLDE73K1TB20110421)

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  • sanbaj
    07-23 05:36 PM
    Hi Sanbaj,

    Congratulations for getting your GC !!

    What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
    Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.

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  • vine93
    06-02 08:49 PM

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  • LostInGCProcess
    10-29 02:05 PM
    I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.
    Just my Honest Opinion.

    Well said. Its absolutely true and makes sense. But to delay, it appears that some processes in the agency may be done manually. Otherwise mere increase in number of applications should not cause adverse impact to processing time. I am saying this based on my personal experience working for the state gov. with unemployment benefit system where the claims increased by 3 time, last year...and there was not much of an impact with regards to delaying in printing of checks every week. Only the batch jobs ran longer....but everything was streamline in couple of weeks after the spike.


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  • kaisersose
    07-19 01:56 PM
    Very good, ask your wife to bring a load of sweets for IV member. ;)

    good one!

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  • unitednations
    03-11 04:48 PM
    No sir, I remember they provided them with lot of information, it's just that these 2 Senators want to kill H1B program, they had replied to him or not is immaterial..

    yeah; sure.


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  • JazzByTheBay
    09-27 04:36 PM
    Just Receipt Notices, EADs, APs, and Transfer Notices.

    Also note, the EADs say "Fingerprints Not Available"


    Have anybody of you whose cases have transferred from NSC to CSC and back received Finger Print Notice.

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  • NKR
    06-02 08:45 AM
    Later my wife made me realize that family life is most important as long as we are together, country of residence does not matter. When our son was born last month, I truly felt 'damn GC'.. funnily got approved in the same week:

    Congratulations. I wish the baby all the very best in life. With regards to GC, yes, sometimes you get things when you are least expecting it.


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  • eilsoe
    02-02 06:16 PM
    Well, I would say no to that, but the general rules state that all participants in a battle can not vote in the particular battle...

    so.. I guess we should stick to that... I'd like to vote too, but let's follow the rules :)

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  • chanukya
    05-30 09:57 PM
    Voted just now--Aye


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  • pappu
    11-06 03:59 PM
    Sometime this month!!

    Let me narrow it down

    ' First half of this month'. :D

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  • chanduv23
    10-10 06:03 AM
    Dude...you still remember this Alpheratta GA company?

    Oh, they were about to trap me into joining them, I did an interview through them back in 2001 the client wanted to hire and when I told them I am not interested, they started forcing me, then they sent a employee to my apartment to bring me to their place, my roommate joined them and he also had a tough time, he later transferred his h1 to a middle client and after that both me and my roommate had to constantly workout strategies to get his w2s, paystubs etc.... they gave him a real tough time


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  • senthil1
    04-09 01:44 PM
    One other solution is counting of Cap should be based on starting of employment. Then companies will not apply thousands at a time and they will apply only genuine cases when it is required. Implementation is difficult but there should be a way.

    Or instead of lottery some other criteria can be applied like qualification,salary and company

    Guys n Gals,
    I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.

    Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.

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  • sreeni.k
    01-13 10:52 AM
    I tried to book tickets on makemytrip for luftansa yesterday; After going through all passport details etc- for over 2 hours checking etc the agent coolly told me that transit visa is required for advance parole holders. If you carefully see the regulations they mention "2 Years" permit not "1 year" validity of Advance parole. I also heard stories of multiple people blocked from boarding luftansa on advance parole. So i switched and booked on emirates instead. Apparently this rule is either enforced or not depends on the discretion of luftansa personel. So be carefull if you are on advance parole- Looks like germans also trying to get on the Visa Fee pie.

    No transit visa required. I got an identical response when I checked with the german consulate in november. Nevertheless, I did not take transit visa, and with visa stamping expired in March 2010, I travelled with AP on Lufthansa from IAD to BLR in December, and returned in Jan 2011, and nobody even mentioned the word "transit" anywhere along the route. Lufthansa staff is very knowledgeable about AP, both in Wash.Dulles and BLR. In fact, In BLR I saw that even Air France also does not require transit visa for Paris and allowed people with AP to board without transit visa. So folks, dont waste time and money on transit visa. Nothing is going to happen , unless you miss your connecting flight in Frankfurt, in which case you will not get to stay in a hotel and would have to spend the transit time in the airport.


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  • niklshah
    08-27 10:57 AM
    SC: Nebraska
    RD: 06/16
    FP: 07/11
    RFE 07/30
    RFE received 08/04
    RFE response sent and received by uscis 08/07
    Expedite request 08/15
    Expedite request accepted 08/19
    Current EAD expires Sep 26

    How did you put the expedite request? did u call? did they take the edpedite request before 90 days of your filling? what did u tell them to put in the request? Pls help i am in same mess too file on june 2nd...

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  • jchan
    06-05 09:46 AM
    I found some things in our favor:

    1. Cap exempt H1B holders can now work for cap subject employer CONCURRENTLY without being counted to cap
    2. 3 year H1B extension based on approved I-140 can be as many times as needed, not 'one time' only
    3. Once you have an approved I-140, you will never be subject to H1B cap:
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.

    The one about the AC21 and approved I-140 is rather hard to understand, someone can give his/her interpretion of it?


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  • enggr
    09-28 01:47 AM
    I thank everyone for taking interest in my case and giving valuable advices.

    Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.

    I have requested my employer to start a new PERM as soon as possible.
    I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).

    "during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"

    Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.

    The university gives different marksheets for supplementary exam. There's a consolidated one too.

    You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.

    The I-140 filing date was Nov 2006.

    You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.

    I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.

    I am very disappointed by the law you mentioned
    "PERM does not allow to change from EB2 to EB3"
    Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
    One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).

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  • lazycis
    02-28 01:49 PM
    Can you please let us know the URL for the latest name check FAQ posted today.


    Questions & Answers
    Q1. What applications are affected by this policy change?
    A1. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q2. How has USCIS changed its national security requirements?
    A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)

    Q3. How has USCIS changed its adjudications requirements?
    A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.

    Q4. What happens if USCIS later receives adverse information from an FBI name check?
    A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
    Q5. Why is this policy being implemented?

    A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
    A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.

    Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
    A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.

    Q8. Does this policy change affect naturalization applications?
    A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

    Q9. How long will it take for USCIS to work through the cases affected by the policy change?
    A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.

    Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
    A10. No.

    Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
    A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)

    Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
    A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
    – USCIS –

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  • sriramkalyan
    10-12 10:32 AM
    My Priority Date Sep 2002 EB3
    According to LC, my labor got approved on Aug 9th, but we received actual paper on Sep 9th .. So lost the chance to FILE 485

    DOL took more than a month TO send papers ..

    There is no point in blaming IV . They are the BEST ..

    It is US Govt agencies who are lazy and ineptitude.

    US did not get Civil Rights in one year .. it took decades of fight ...

    IV is fighting for every one ..

    01-05 12:17 AM

    11-30 01:27 PM

    It says some applications will still be delayed . I assume of one is stuck with namecheck where FBI is waiting for response from native country, he will be waiting for eternity. Nowhere it says applications will be approved while the namecheck is pending.

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