Ann Ruben
06-24 11:49 PM
USCIS has been "pre-adjudicating" I-485's without current priority dates so that they can be approved expeditiously once priority dates become current. This is likely a waste of effort given that it may be years before many EB-3 priority dates are reached.
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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!
meridiani.planum
11-03 01:31 AM
inline..
Hello IVians,
I am with company A on L1B in the US. Company B is processing my GC for future employment. Now my L1B is up for renewal in December. There is a lot of paperwork that my company has asked me work on. In one of the questionnaires, I am asked if my labor / 140 / 485 is pending. I don't know what to answer.
-- The truth.
Does any of the forms for L1B renewal needs this info? Will it be an issue if I say no? Does USCIS really care?
-- if you lie and USCIS finds out then you are in big trouble. Also, existing applications can be looked up at any time (Eg: while adjudicating your 485 they can go over your old L1 application).
Atleast the visa stamping form DS-156 asks if an immigrant visa petition has ever been filed for you, so its not uncommon, dont know about L1.
Pls share your experiences.
Thanks!
Hello IVians,
I am with company A on L1B in the US. Company B is processing my GC for future employment. Now my L1B is up for renewal in December. There is a lot of paperwork that my company has asked me work on. In one of the questionnaires, I am asked if my labor / 140 / 485 is pending. I don't know what to answer.
-- The truth.
Does any of the forms for L1B renewal needs this info? Will it be an issue if I say no? Does USCIS really care?
-- if you lie and USCIS finds out then you are in big trouble. Also, existing applications can be looked up at any time (Eg: while adjudicating your 485 they can go over your old L1 application).
Atleast the visa stamping form DS-156 asks if an immigrant visa petition has ever been filed for you, so its not uncommon, dont know about L1.
Pls share your experiences.
Thanks!
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rodnyb
03-03 01:12 PM
http://kpkgs.com/files/The_Employment_Based_Green_Card_Process_and_the_Dr amatic_Negative_Impact_of_Country_Based_Quotas_on_ persons_of_Indian_Origin_Feb_20102.pdf
Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000
Solution
The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.
Anyone knows the background of this recapture? This is the first time I know congress had a law for it in 2000
Solution
The immediate solution is full accountability of all pending applicants for employment based immigrant visas both at USCIS and DOS. Without accurate data, it is difficult to hold the agencies accountable for their actions or inactions.
Another solution is to �recapture� lost visas. Between 1994 and 2006, USCIS underutilized the visa numbers by approving less than the 140,000 employment based applications each year even though USCIS had more than enough applications pending. Due to the statutory calculation method (explained more fully by USCIS and DOS on their websites), USCIS�s failure to timely process a sufficient number of applications resulted in the loss of approximately 349,000 visa numbers that could not be used in future years since the law prevents usage in future years. In 2000, Congress authorized the use of 130,000 these �lost� visa numbers by what has come to be known as the �visa recapture� method. However, approximately 219,000 numbers have not been �recaptured�. The current worldwide pending cases in all employment based categories is approximately 340,000 applicants. A one‐time recapture of the 219,000 unused visa numbers could go a long way to eliminating this backlog and bringing much needed relief to many applicants who currently face the prospect of becoming residents of the United States after they retire.
more...
xwndtkot
06-23 11:34 AM
Hello, I am on the same boat... kinda...
I submitted the application with supporting doc paper base on June 2 and they receieved and signed the package on June 7 to NSC
Til today check was not cashed. I called the service center and the lady told me to wait til July 8 to call them again and they will look in to it... and she said since it's summer time NSC is backing up.... and it does take up to 30 days to get anything.
(However, I have been reading... ppl efile seem have better luck to get any movement... some ppl got the EAD card within 20 days!!!!!)
I read some ppl also did paper and after a month... they go for the efile... but I still did not hear if that would creat any problems...
I don't mind to waste the 340 if it can make my EAD processed....
I would rather have the card in my hand then check my checking account everyday to see if the check was cashed....
anyone did both paper and efile after one another and got approved????
anything helps!
Thanks
I submitted the application with supporting doc paper base on June 2 and they receieved and signed the package on June 7 to NSC
Til today check was not cashed. I called the service center and the lady told me to wait til July 8 to call them again and they will look in to it... and she said since it's summer time NSC is backing up.... and it does take up to 30 days to get anything.
(However, I have been reading... ppl efile seem have better luck to get any movement... some ppl got the EAD card within 20 days!!!!!)
I read some ppl also did paper and after a month... they go for the efile... but I still did not hear if that would creat any problems...
I don't mind to waste the 340 if it can make my EAD processed....
I would rather have the card in my hand then check my checking account everyday to see if the check was cashed....
anyone did both paper and efile after one another and got approved????
anything helps!
Thanks
new2gc
01-25 01:37 PM
will pop up... :-)
But hey...many people will get benefited...regular EB will have less demand too....
But hey...many people will get benefited...regular EB will have less demand too....
more...
FinalGC
03-11 01:11 PM
Make sure that your new reporting manager is aware of your GC process. I had a manager earlier, who midway through my LC process decided he will not support the GC, since he was not my manager who hired me, since i was moved to another group, after my LC was filed...........If needed go up the ladder for buy-in
2010 of Facebook#39;s users.
Mayday
04-03 03:49 PM
I'm in my 3rd year of my first H1-B which will be expired Sep. 2011.
If I transfer my H1-B now to another company, then do I automatically get another 3 years or do I have to file an extension after my H1-B has been transferred?
if you get transfer, new employer will have new LCA with new dates in it (as applied) and employer will fill I-129 with new dates. So when USCIS replies with I-797A there will be I-94 attached that matches new requested dates. So it will get extended to the end of new contract or 3 years, whichever happens sooner, because USCIS does not grant you presence for more than 3 years at once.
If I transfer my H1-B now to another company, then do I automatically get another 3 years or do I have to file an extension after my H1-B has been transferred?
if you get transfer, new employer will have new LCA with new dates in it (as applied) and employer will fill I-129 with new dates. So when USCIS replies with I-797A there will be I-94 attached that matches new requested dates. So it will get extended to the end of new contract or 3 years, whichever happens sooner, because USCIS does not grant you presence for more than 3 years at once.
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kannan
03-20 11:17 AM
Yesterday soft LUD on I-140 and I-485.
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immique
07-20 09:10 PM
it is my understanding that she just needs your H1 approval notice, employment letter, your pay stubs etc. I don't think she even needs her H4 approval notice for her H4 stamping. I am very sure that only your H1 related documents are needed(she needs your original H1 approval)-please check with your lawyer
Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.
My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?
Me and my wife filed H1B extension through a company. I moved to consulting after my extension is approved. The consulting company filed my H1B transfer which is approved recently. Unfortunately my employer (the consulting company I moved to) dint file for my wife's H4 extension and he told that was not needed.
My question is can my wife with the petition approved from my previous employer to get her H4 stamped in India?
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allen_1974
01-23 01:34 AM
Hi,
My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:
1. What happens to old passport. I took Appt with old passport number?
2. Can I keep my old passport?
3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?
Pls suggest.
Regards
My passport will be expiring in next 6 months. I do have an appt pending with US embassy Bombay. I have some queries, if someone can please guide me:
1. What happens to old passport. I took Appt with old passport number?
2. Can I keep my old passport?
3. Is it OK to go for new renewed passport? Or will it impact the H1B stamping and interview process?
Pls suggest.
Regards
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cel_tic
08-16 02:27 PM
Hello,
I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.
Anyone who has travelled through Germany with expired H1B visa stamp?
I have to travel within a week and I would appreciate your advice.
TIA
I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.
Anyone who has travelled through Germany with expired H1B visa stamp?
I have to travel within a week and I would appreciate your advice.
TIA
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martinvisalaw
06-08 04:59 PM
OK, now I understand the question. Even after PERM was implemented, the person being substituted on an LC included a new ETA 750B with the I-140. Since you already have a lawyer working on this, it would be better to ask him/her if you need more details.
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InTheMoment
06-16 05:04 PM
Use I-134 instead which is used for EB petitions.
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nixstor
10-27 01:24 PM
My wife'e H1B expires on Feb 2007 and she still has not applied for H1B renewal as she was on maternity leave. She will do so in first week of November. It looks like H1B extension process takes more than 3 months. Virginia is one of the states which just gives ur Driver license till ur H1B validity. So her license is valid till feb 2007. Would like to know if she can get her license renewed in Feb 2007 with a H1b receipt number or should she do Premium processing of her H1B. Any help is greatly appreciated.
I doubt they will extend it. They will just look at I 797 and see if the name and expiry date. How ever call Identity Services (dont remember the division's name exactly) @ 804 367 0064 and explain your situation. They are the folks that generally issue a letter for H4 visa holders who do not have a I 797. They will take atleast 1 month to send the letter once they decide to do it. Start acting now! Good luck.
I doubt they will extend it. They will just look at I 797 and see if the name and expiry date. How ever call Identity Services (dont remember the division's name exactly) @ 804 367 0064 and explain your situation. They are the folks that generally issue a letter for H4 visa holders who do not have a I 797. They will take atleast 1 month to send the letter once they decide to do it. Start acting now! Good luck.
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Canuck
02-17 07:18 PM
I read through the first guy's testimony and all it talks about are the yearly issuance of student visas from FY2001-07. Can you point me to the person who actually talks about EB green cards for STEM students in the US?
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piyu7444
05-06 12:57 PM
It will be difficult for you to get approved by USCIS.
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eager_immi
06-26 10:11 AM
There is no issue if your wife is the derivative applicant and gets her EAD through you. You can also start but it is more complicated since your business has to be doing excatly the same thing as your labor application. Also, i think you should get lawyers advice if you are starting it. There is no complication for your wife to start a business.
THello Everyone,
We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?
Thanks
THello Everyone,
We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?
Thanks
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lazycis
02-14 11:55 AM
can someone please give answer to this?
Usually a couple weeks. Be patient :)
Usually a couple weeks. Be patient :)
akshaya10001
10-10 08:58 PM
For 2011 EB2 without spillover
China: August'2006 and India: May'2006
Monthly ~250 allocation is not good enough to cover pending cases prior to May 2006. prior to May'2006 no.of pending cases are close to 2700 cases, so this year quota is good enough to clear these pending cases. With porting we may also see Unavailable down the time.
This leaves for 2006 pending cases
China - 2950
India - 11800 . total ~15K
If we get spill over of 14K then EB2 India & China will move to 2007. Do we get 14K spillover for current year is Big ?
Pending Cases Till August'2007
India 9809 and china 5714 total 15,500
Below is PERM Data from Sept'2008 to October'2009 Analysis courtesy by Vedu in another forum
I exported PERM 2008 and PERM 2009 files in excel, then removed the denied and withdrawn cases from those files. Next, I used some filters to find out the exact numbers. Here is what I get:
October 2007 to September 2008
Certified cases: India-7197 and China-1210
Certified-Expired cases: India- 9371 and China-2118
October 2008 to September 2009
Certified cases: India- 6403 and China - 1090
Certified-Expired: India-4984 and China-1022
Spill Over Analysis:
for this we need to consider EB1, Eb2 and Eb5 Quota which is 90K+
EB1 Pending at the beging ofthe year: 7595
Eb2 Row Pending: 8859
Eb5 Pending: 23
Eb2 India & China Quota will be utilized fully : 5600
Total 22,077 so 90K-22K = 68K available for 2011 for categories. EB1, EB5 & ROW EB2
Spill Over Estimate is 68K - EB1, EB5 & Row EB2 estimate. this estimate is diff task & Key.
Pls share if any one able to throw light on this???????
Also India EB3 to EB2 Porting cases estimate is another factor as china EB3 will move to 2006 not much porting expected from china.
China: August'2006 and India: May'2006
Monthly ~250 allocation is not good enough to cover pending cases prior to May 2006. prior to May'2006 no.of pending cases are close to 2700 cases, so this year quota is good enough to clear these pending cases. With porting we may also see Unavailable down the time.
This leaves for 2006 pending cases
China - 2950
India - 11800 . total ~15K
If we get spill over of 14K then EB2 India & China will move to 2007. Do we get 14K spillover for current year is Big ?
Pending Cases Till August'2007
India 9809 and china 5714 total 15,500
Below is PERM Data from Sept'2008 to October'2009 Analysis courtesy by Vedu in another forum
I exported PERM 2008 and PERM 2009 files in excel, then removed the denied and withdrawn cases from those files. Next, I used some filters to find out the exact numbers. Here is what I get:
October 2007 to September 2008
Certified cases: India-7197 and China-1210
Certified-Expired cases: India- 9371 and China-2118
October 2008 to September 2009
Certified cases: India- 6403 and China - 1090
Certified-Expired: India-4984 and China-1022
Spill Over Analysis:
for this we need to consider EB1, Eb2 and Eb5 Quota which is 90K+
EB1 Pending at the beging ofthe year: 7595
Eb2 Row Pending: 8859
Eb5 Pending: 23
Eb2 India & China Quota will be utilized fully : 5600
Total 22,077 so 90K-22K = 68K available for 2011 for categories. EB1, EB5 & ROW EB2
Spill Over Estimate is 68K - EB1, EB5 & Row EB2 estimate. this estimate is diff task & Key.
Pls share if any one able to throw light on this???????
Also India EB3 to EB2 Porting cases estimate is another factor as china EB3 will move to 2006 not much porting expected from china.
chanduv23
03-17 06:25 PM
Hi Folks.
Whats the cost of filing a motion to reopen the case 485 if wrongly rejected(either due to using AC21...). I mean lawyer fees + other fees.
I am sure there are folks here who went through this.
$585 per MTR (ie principal, spouse, child all seperate) to USCIS. Lawyer fee depends on nature of MTR - usually AC21 MTRs are common and the LAWYER fee must be nominal ie in the $1000 per MTR range
Whats the cost of filing a motion to reopen the case 485 if wrongly rejected(either due to using AC21...). I mean lawyer fees + other fees.
I am sure there are folks here who went through this.
$585 per MTR (ie principal, spouse, child all seperate) to USCIS. Lawyer fee depends on nature of MTR - usually AC21 MTRs are common and the LAWYER fee must be nominal ie in the $1000 per MTR range
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