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Saturday, June 25, 2011

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  • vivache
    10-04 04:32 PM
    So can I submit the docs through my family .. now and just go for the final interview?
    This way I can go to the embassy the day I land in Mumbai.



    Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.





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  • chanduv23
    12-11 09:11 PM
    Attorney Reddy will be on IV chat today at 9.30 PM , members can ask immigration related questions





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  • Dhundhun
    05-21 08:03 PM
    When LUD?
    What is soft LUD? what is Hard LUD?

    LUD = Last update date by USCIS
    Soft LUD = status did not change due to update
    Hard LUD = status changed, if registered, email will be sent.

    Registration process:
    1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
    2. Add cases to your portfolio, in list display it will have the following columns
    ....Receipt Number
    ....E-mail
    ....Last Updated (by USCIS)
    ....Form #
    ....Title

    The Last Updated above is LUD.





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  • a_yaja
    04-05 12:09 PM
    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.



    Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html

    Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.



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  • hebron
    06-23 08:25 AM
    Mine is the same company that applied for EB2 in the first place

    Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?

    Thanks.





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  • Lasantha
    02-18 12:07 PM
    I don't think you are missing anything. I don't think the congress will pass a bill to recapture EB visas out of the blue like that. It will take lots of effort from the pro-immigrant community and will face a great deal of opposition like it did in the past from the anti lobby. It won't be handed to us in a plate just like that.

    Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..



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  • waitingGC
    03-09 10:13 AM
    I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
    The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
    I strongly feel L1-A visa holders shud not be put in EB-1 category.
    What do you think.

    Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?





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  • TO BE OR NO TO BE
    05-17 07:37 PM
    Hi Everyone,

    My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).

    Now my question is:

    If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.

    I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.

    Has anybody in this forum experienced the same situation?

    Please let me know.

    Thanks!



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  • WillIBLucky
    12-31 07:06 PM
    This is pure desperation. Its been discussed a lot many times but people keep asking the same question again and again. Check out the forum library you will find all the answers to your 'Case Study"Applicable to all retrogessed guys...

    Case deatils :

    Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression

    Next step H1-B transferred to new employer & redo Labor & I-140.


    Question :

    Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485

    Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????

    Please share your info as the attorneys are nuts..


    Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??

    Please provide with the link


    CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???





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  • krishnam70
    08-17 04:42 AM
    TIN is not SSN. Employer would need SSN.

    I guess we need another tracker for those who received EAD, but no SSN.

    hope you are.. such issues could be taken up in appropriate forums for SSN or something like that. I thought IV is discussion issues with immigration now we are trying to discuss every other topic here. May be IP this kind of question because they already deal with all this kind of stuff.



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  • green1
    08-19 12:24 AM
    I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice





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  • starlite
    07-21 01:55 AM
    Hello,
    I worked up nerves to consult with the forum.
    Please read my history and answer questions below.
    Your non-judgmental and objective answers are greatly appreciated.

    I first came to the US on a tourist visa when I was 15 years old.
    I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.

    So here is the history:
    Dec. 1986: Enter the US on a tourist visa (age 15)

    June 1987: Out of status from the tourist visa

    Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997

    July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)

    Aug. 1997: Reenter US on a F-1 visa

    Oct. 00: Initial H-1B

    Oct. 03: H-1B extension

    Dec.04: RIR filed (priority date)

    Sept.06: RIR approved

    Oct. 06: H-1B (7th year) extension

    Jan. 07: I-140 filed (pending approval)

    July 21, 2007: Preparing to file I-485 with the same employer since 2000


    So here are my questions:
    Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?

    Q2. If so, would I have to worry about getting the I-485 approved?

    Q3. If not, should I filed for I-485 at all?

    Q4. Any suggestions or possiblities to consider?

    Thank you.



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  • jungalee43
    01-11 09:10 AM
    Nice to know that I could be of some help. Thanks for letting me know.
    Wish you good luck in your AC21 as well as GC journey.
    I think all of us would need to add one day in DC as a part of this journey.





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  • like_watching_paint_dry
    03-14 05:09 PM
    Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.

    Good luck with your job hunt.

    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.



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  • lazycis
    01-15 12:16 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!

    Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.

    Here is the link to access the regulation in question
    http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve

    Look at page 132.





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  • kaushik07
    10-30 02:46 PM
    Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.



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  • rb_248
    01-18 09:01 PM
    Mine got approved in 6 months....Receipt Date - 7/5/2006: approval date 1/4/2007





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  • ponnuswamyp
    10-30 01:53 PM
    If the ASC does not have much applicants waiting for services then they may service your case regardless of the time scheduled. Just make a visit and try.

    I had moved to CA and got FP appointment scheduled for 11/15 at NJ. Last saturday I visited my local ASC and explained about my move. They did not bother about the appointment location & time and took fingerprints.





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  • nemadeni
    09-23 07:05 PM
    https://spreadsheets.google.com/ccc?key=0Agsah2P-Kr24dFM1dk9zOUVaVzR6RTFHMzlMSHpLLUE&hl=en


    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    Information on how to read the report
    Questions & Answers: Pending Employment-Based Form I-485 Inventory

    Q: Why is the wait so long for my employment-based green card?

    A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.

    Q: How can I determine my place in line based on my priority date?

    A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).

    The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.

    The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.

    Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.

    Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?

    A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.

    Q: What information do I need to have before using the pending Form I-485 inventory reports?

    A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.

    Q: How do I read the pending I-485 inventory reports?

    A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.

    Q: Can you tell me when I will get a visa?

    A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.

    Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?

    A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.

    If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.

    Q: How do I know how many applicants from my country have an earlier priority date than mine?

    A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.

    To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.





    hasil
    09-29 01:04 PM
    I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.

    So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)

    Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)





    GCVivek
    04-10 01:18 AM
    Almost all visitors from most countries need to appear for visa interview before coming to the US. As for the question about the student niece, there are more formalities. DS-160 is the least of them. School must approve and issue a SEVIS form, you have to show lots of documentation to show you can financially support the student or she has funds. I know because I have my niece here who i have sponsored but she is in community college. I suspect for 8th grade to be even more strict. Check with US consulate for requirements of interview in your home country.



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