hpandey
11-11 11:06 AM
Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
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raysaikat
07-11 01:06 PM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
CaliHoneB
06-05 03:53 PM
Hi,
I think we need to get some facts from DBEC and PBEC through senators. Basically we need to find out how much time(man hrs) per case they are spending so far and project that to Future (Sept2007) and then probably we can prove that What they are saying " backlog will be eliminated by certain date" is impossible.
I ask IV core team to come up with a strategy to tackle this. I know that IV core team has put 6 months time frame in the bill ( I truely appreciate IV efforts in this) but bill becoming a law has a long way to go..so this should be handled seperately. I am willing to contribute, send faxes and call the senators.
Cheers
I think we need to get some facts from DBEC and PBEC through senators. Basically we need to find out how much time(man hrs) per case they are spending so far and project that to Future (Sept2007) and then probably we can prove that What they are saying " backlog will be eliminated by certain date" is impossible.
I ask IV core team to come up with a strategy to tackle this. I know that IV core team has put 6 months time frame in the bill ( I truely appreciate IV efforts in this) but bill becoming a law has a long way to go..so this should be handled seperately. I am willing to contribute, send faxes and call the senators.
Cheers
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paskal
08-22 07:02 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
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LostInGCProcess
02-24 11:39 AM
I think its not going to be business as usual for H1b holders...nor the employers that sponsored them. I think something is going to change drastically in the coming months...it would be interesting to see what would happen to to the H1b for this FY when they open to doors to accept the application for new H1Bs..
pp2007
11-15 11:14 AM
which city in TN?
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GC Struggle
04-10 03:54 PM
EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.
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crazyghoda
04-29 10:27 AM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
more...
chakdepatte
01-04 08:33 AM
i called them after 90 days. they had no clue why it was not processed so they threw in a RFE for fotographs. send response, all cleared. in 15 days.
if ur case goes beyond 90 days, dont hesitate to call. all my 10 yrs with USCIS, They are are simply lazy and only know how to raise fees keeping immigrants as hostage.
All the best.
Oye chakdepatte
if ur case goes beyond 90 days, dont hesitate to call. all my 10 yrs with USCIS, They are are simply lazy and only know how to raise fees keeping immigrants as hostage.
All the best.
Oye chakdepatte
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gotgc?
08-13 10:49 AM
bumping...
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Berkeleybee
04-08 01:21 PM
I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
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krishmunn
05-10 02:54 PM
so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!
BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)
(transalation, hawaldar means police, I am requesting the cop to so something aobut it)
Chahe to chai-pani le lo. ;)
(translation: if you wish we will pay you bribe too)
BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)
(transalation, hawaldar means police, I am requesting the cop to so something aobut it)
Chahe to chai-pani le lo. ;)
(translation: if you wish we will pay you bribe too)
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new_horizon
08-03 04:27 PM
I received the same reply from Sen Debbie Stabenaw's office. I agree that they have a standard reply to all such questions. Really bad.
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akmypoints
11-04 01:17 PM
anyone having inputs to the query below:
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
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Blog Feeds
12-28 04:50 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjY4SXXNC2Jw3CrDZ-AyN8_C-BFpy1k74GoWHRNrRaMPXSrWoSvWjbgn96p9BM4RgUHDWy0zaPjP-QbRwECMADYho_cQHKLZfmb5Q8Lx8g4YhmzgHffJIe-i_MUxWHu-Im_UzJMCqS-bDA/s320/hebrews-detention.bmp (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjY4SXXNC2Jw3CrDZ-AyN8_C-BFpy1k74GoWHRNrRaMPXSrWoSvWjbgn96p9BM4RgUHDWy0zaPjP-QbRwECMADYho_cQHKLZfmb5Q8Lx8g4YhmzgHffJIe-i_MUxWHu-Im_UzJMCqS-bDA/s1600-h/hebrews-detention.bmp)
President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjY4SXXNC2Jw3CrDZ-AyN8_C-BFpy1k74GoWHRNrRaMPXSrWoSvWjbgn96p9BM4RgUHDWy0zaPjP-QbRwECMADYho_cQHKLZfmb5Q8Lx8g4YhmzgHffJIe-i_MUxWHu-Im_UzJMCqS-bDA/s320/hebrews-detention.bmp (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjY4SXXNC2Jw3CrDZ-AyN8_C-BFpy1k74GoWHRNrRaMPXSrWoSvWjbgn96p9BM4RgUHDWy0zaPjP-QbRwECMADYho_cQHKLZfmb5Q8Lx8g4YhmzgHffJIe-i_MUxWHu-Im_UzJMCqS-bDA/s1600-h/hebrews-detention.bmp)
President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
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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:
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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hopesoon
09-02 12:39 PM
I am EB3 (Aug 07) because of my lawyer�s mistake; but in June they asked for further medical testing, it can be a good sign they are looking into EB3.
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Aah_GC
06-14 12:29 AM
Hi Guys,
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
Edit:
Prepared the following documents today along with a cover letter -
Copy of the Confirmation Receipt notice
Copy of Current EAD (Front & Back)
Copy of I-485 receipt
Copies of I485 Case Transfer notices if any
Copy of Cut out mailer of previous EAD Approval.
Copy of I-94
Copy of Passport (which has Bio-graphic data)
Copy of Drivers License
Important: YOU DONT HAVE TO SEND PICTURES
I intend to send mine and my spouse's documents seperately.
Update: Got my receipt (and my spouse's) from TSC today. (Exactly after a week).
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
Edit:
Prepared the following documents today along with a cover letter -
Copy of the Confirmation Receipt notice
Copy of Current EAD (Front & Back)
Copy of I-485 receipt
Copies of I485 Case Transfer notices if any
Copy of Cut out mailer of previous EAD Approval.
Copy of I-94
Copy of Passport (which has Bio-graphic data)
Copy of Drivers License
Important: YOU DONT HAVE TO SEND PICTURES
I intend to send mine and my spouse's documents seperately.
Update: Got my receipt (and my spouse's) from TSC today. (Exactly after a week).
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small2006
08-28 05:15 PM
This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21
Response from my attorney for a similar question a while back was that the sponsoring company that has filed for your GC should "relieve" the attorney from representation and then they are free to represent you alone with some other company. Unless you don't want the current employer to know about your plans, you may try this option.
Response from my attorney for a similar question a while back was that the sponsoring company that has filed for your GC should "relieve" the attorney from representation and then they are free to represent you alone with some other company. Unless you don't want the current employer to know about your plans, you may try this option.
s_r_e_e
08-19 03:10 PM
I believe you should send what ever you have with a good cover letter about the unavailability & about the documents submitted originally. That might turn it in to an approval soon, hopefully.
bestia
03-12 03:18 PM
Both lawyers are right. To get the correct answers you have to be asking correct questions.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
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