zoooom
06-25 05:18 PM
Called....
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acecupid
07-15 06:19 PM
Based on the wording of the visa distribution law, it does not look like the pattern change is a permanent one. The pattern might change again as per USCIS whims and fancy.
Read the part "Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed."
Read the part "Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed."
Hinglish
03-21 03:17 PM
I do not see anywhere in the legislation where it says that EB1 is "more skilled and valuable" that EB2 and so on. What it does say is that the various categories require a certain amount of education and hence my point! I am not insecure but I AM frustrated at your arrogance. Look before you leap and read the Immigration Act!!!!
You betray your own post .... forget the INA .... all you have to do is read the visa bulletin ... read just the 1st page.... thats all you have to do ...
The Employment categories are basically termed as "EMPLOYMENT-BASED PREFERENCES"
Surely you must be intelligent enough to reach the same conclusion regarding USCIS preferences regarding categories that I did.
You betray your own post .... forget the INA .... all you have to do is read the visa bulletin ... read just the 1st page.... thats all you have to do ...
The Employment categories are basically termed as "EMPLOYMENT-BASED PREFERENCES"
Surely you must be intelligent enough to reach the same conclusion regarding USCIS preferences regarding categories that I did.
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tawlibann
07-01 12:55 PM
May be USCIS has started working tail backwards OR there's some serious bug with their SQL queries to sort data...:)
God bless us all!
Who said they use SQL? For all I know, it is most likely a big Excel table :)
God bless us all!
Who said they use SQL? For all I know, it is most likely a big Excel table :)
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delhiguy79
07-19 06:51 AM
wat abt the 485 receipt number, did u recieve that.
Hi sjpg,
did u recieve the 485 receipt number as you are the only one who have send 485 with a cover letter till now.
Please update us, it would really help us.
Thanks.
Hi sjpg,
did u recieve the 485 receipt number as you are the only one who have send 485 with a cover letter till now.
Please update us, it would really help us.
Thanks.
gc1024
07-17 10:00 PM
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
Wow! I know someone just like you. She has been cribbing, crying and cursing because I have a 2005 PD and she has a 2004 PD and we are filing 485 together. The sad part is she is able to file 485 and her jealously is because we are doing it together. She says she should be much ahead of me by now :) :D
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
Wow! I know someone just like you. She has been cribbing, crying and cursing because I have a 2005 PD and she has a 2004 PD and we are filing 485 together. The sad part is she is able to file 485 and her jealously is because we are doing it together. She says she should be much ahead of me by now :) :D
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harsh
12-24 05:09 PM
I know the reason for issuing H4 visa is to be with the primary H1B. Therefore i can understand why some people will say that is why H4 are not allowed to work. But the reality is that for all other employement based visas or immigrant visas there is only 1 primary applicant. Like when you get AD after 485 stage, your spouse also gets AD. Also L2 visa holders who are dependents of L1 visa holders get work permits. Its only the H4 visa holder who do not get work permits. It beats me why in the world law makers did not allow work permits for H4 when they allow work permits for L2 and give EAD cars for spouses during 485 stage.
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greenlight
07-24 12:55 AM
www.troylaw.net
I've been working with Christine Troy since 2003.
She helped me file H-1b extension twice, going for the 3rd time.
Filed RIR (approved), I-140 (pending) and I-485 just this week.
She does ALL the paperwork and doesn't have paralegals.
She keeps a modest office on Market St. at Powell, which is a convenient location. Doesn't charge much for consultations ($50-75).
And most of all she ALWAYS returns my e-mail within the same day or by next day. Better communication by e-mail than a phone call.
Very personable and great communication with my employer.
Christine Troy, Attorney at Law
870 Market St. Suite 570
San Francisco, CA 94102
tel 415-399-9490 | fax 415-399-9416
I've been working with Christine Troy since 2003.
She helped me file H-1b extension twice, going for the 3rd time.
Filed RIR (approved), I-140 (pending) and I-485 just this week.
She does ALL the paperwork and doesn't have paralegals.
She keeps a modest office on Market St. at Powell, which is a convenient location. Doesn't charge much for consultations ($50-75).
And most of all she ALWAYS returns my e-mail within the same day or by next day. Better communication by e-mail than a phone call.
Very personable and great communication with my employer.
Christine Troy, Attorney at Law
870 Market St. Suite 570
San Francisco, CA 94102
tel 415-399-9490 | fax 415-399-9416
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boreal
07-01 05:45 PM
I loved Fragomen. Very responsive and are working over weekends to expedite applications..
I highly recommend them.
I second this. Fragomen is excellent, working over the weekends too..couldnt believe my ears this morning when they called me and asked me to come over to sign the completed applications for me and my wife. I kinda resigned myself to the fact that these big firms will take a while to process these applications and wasnt expecting anything from them atleast till the third week of July.
Just amazing firm...
I highly recommend them.
I second this. Fragomen is excellent, working over the weekends too..couldnt believe my ears this morning when they called me and asked me to come over to sign the completed applications for me and my wife. I kinda resigned myself to the fact that these big firms will take a while to process these applications and wasnt expecting anything from them atleast till the third week of July.
Just amazing firm...
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PresidentO
02-25 12:49 PM
I had emailed CIS Ombudsman's requesting temporary relief in such uncertain times...by allowing ppl to file for AOS..even if their PD is not current.
They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.
So what did his office say? Is there a new OB in office yet?
They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.
So what did his office say? Is there a new OB in office yet?
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uma001
08-08 10:22 PM
Hello PAL
I also came to Toronto in 2007. I was a F1->H1B tired of the H1B dance through stamping,
body shopper etc. I came in 2007, did MBA at U of T....doing well now. Yes Canada is tough job market but eventually it is working out....but hey US under H1B is tougher and worse. I never regret the decision. If I have to take the decision again, I will take the same decision.
One thing for sure...I am definitely better than US H1B mess, changing place to place like nomads for projects and yes better than the 1.5 typical travel to work on jammed roads in India or hour long travel in Mumbai locals.
I think of working in US in future but never under the mess of H1B body shopper. I will try TN1 visa (now 3 years). I am not against working on H1B but not under the desperate terms that one has to typically do if one has Indian passport. The way i see is that skilled immigration to US is over under Eb2-I/Eb3-I. A lot of people have yet to accept the reality.
Go_guy when did you come to US, When did you go to Canada (Toronto).Which job are you doing now in Toronto?
I also came to Toronto in 2007. I was a F1->H1B tired of the H1B dance through stamping,
body shopper etc. I came in 2007, did MBA at U of T....doing well now. Yes Canada is tough job market but eventually it is working out....but hey US under H1B is tougher and worse. I never regret the decision. If I have to take the decision again, I will take the same decision.
One thing for sure...I am definitely better than US H1B mess, changing place to place like nomads for projects and yes better than the 1.5 typical travel to work on jammed roads in India or hour long travel in Mumbai locals.
I think of working in US in future but never under the mess of H1B body shopper. I will try TN1 visa (now 3 years). I am not against working on H1B but not under the desperate terms that one has to typically do if one has Indian passport. The way i see is that skilled immigration to US is over under Eb2-I/Eb3-I. A lot of people have yet to accept the reality.
Go_guy when did you come to US, When did you go to Canada (Toronto).Which job are you doing now in Toronto?
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DallasBlue
09-05 12:42 PM
Your IV profile says you are not attending the rally, please update your IV profile to say YES so that core will have a head count :)
vamsi, go ahead and do it now, wont take long.
vamsi, go ahead and do it now, wont take long.
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prince_charming
09-27 05:25 PM
Prince ,
Any updates on Denaial notice?
Please post or PM me . I m waiting to hear from my attorney.
You are runnig out of time it seems, last week itself you said it is around 14 days.
Ram
My attorney called them and requested the copy of Denial notice as well as asked them for faxing it.
Still not received anything.
Not sure what to do except waiting.
Irony is that all notice reaches on time except denial notice. Seems like they are trying to eliminate backlog by doing some tricks
Any updates on Denaial notice?
Please post or PM me . I m waiting to hear from my attorney.
You are runnig out of time it seems, last week itself you said it is around 14 days.
Ram
My attorney called them and requested the copy of Denial notice as well as asked them for faxing it.
Still not received anything.
Not sure what to do except waiting.
Irony is that all notice reaches on time except denial notice. Seems like they are trying to eliminate backlog by doing some tricks
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snathan
03-20 10:02 PM
http://www.murthy.com/news/n_immrum.html
Yes....Each employer must file for New H1B. But it does not invalidate the current H1B, untill its revoked by the employer.
Yes....Each employer must file for New H1B. But it does not invalidate the current H1B, untill its revoked by the employer.
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franklin
09-27 11:11 AM
A total of 2.5M cases pending (AOS and naturalization), only 1.2M are ready for action.
For true backlog numbers look here, Ombudsman report, Page 14.
http://www.ilw.com/immigdaily/news/2007,0619-ombudsman.pdf
1.3M backlogged cases TOTAL (includes naturalization), out of which more than 800K are retrogresed family-based AOS petitions, and what looks like 30K EB petitions (cannot be approved due to statutory limits). 300K cases in namecheck, maybe 10% of them are EB (EB is about 13% of green cards), so we are having about 60K truly backloged EB cases in March 2007.
We know that cases that are current and not stuck in FBI checks are being approved farily fast, so my gut feeling is they have maybe 50-80K EB cases in active adjudication. Let's double-check -- out of 1.2 million cases ready for action, about a half is naturalization, and from the other half, ~13% would be EB - yep, 80K (EBs are the easiest to approve because there are no interviews or tests, so the percentage is likely less than 13%).
So, in March 2007 there were a total of no more than 140K pending cases in I-485 stage of stocessing. Now in June-August EVERYONE who had an approved LC got to apply, and there were ~300K applications, while CIS gave out ~70K green cards, so we would have a total of 370K pending petitions. This estimate is surprisingly close to 13% of the total 2.5M backlog, so I would consider it good.
Again, I absolutely do not believe there are more than 500K EB1-EB3 cases. There may be another 500K in the 'other worker' category, but this is not what we are talking about here.
We can argue who is right on the numbers for a long time, The Ombudsman, who quote that they can not say for sure what the numbers are, or the kauffman Report who claim 1.1 million. Even if we go with your number of "no more than 500K" - thats a 3 year wait if there are no more country caps.
Also from the Ombudsman:-
"In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards." - Pending applications for employment-based green cards means "application approved pending visa number availability" - ie all but approved - waiting for a visa number, not all 485 applications.
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending"
I'm obviously not adding those numbers together, but I really believe that the numbers are larger than we think.
Remember to take out the visa's unsued each year (per the ombudsman, in the last 3 years, thats only 100k wasted) that brings down the number of visas available, and remember there are other visa paths into greencard application, not just H1B.
They also think there are roughly about 170K at BEC... that haven't hit yet. Add that to the number - all with old PD so you better believe their dates will come current sooner.
If you've read the Ombudsman's report, you should have figured out that things are NOT moving quickly
I've just realized, are you looking at just 485 numbers and not everyone in the EB GC queue?
Finally - if you've read the Ombudsman report from the past few years, they will look very similar to this years' one (although they gradually get more and more bleak). Nothing has change to make the situation better, so the expectation that all of a sudden things will get fast now still baffles me.
For true backlog numbers look here, Ombudsman report, Page 14.
http://www.ilw.com/immigdaily/news/2007,0619-ombudsman.pdf
1.3M backlogged cases TOTAL (includes naturalization), out of which more than 800K are retrogresed family-based AOS petitions, and what looks like 30K EB petitions (cannot be approved due to statutory limits). 300K cases in namecheck, maybe 10% of them are EB (EB is about 13% of green cards), so we are having about 60K truly backloged EB cases in March 2007.
We know that cases that are current and not stuck in FBI checks are being approved farily fast, so my gut feeling is they have maybe 50-80K EB cases in active adjudication. Let's double-check -- out of 1.2 million cases ready for action, about a half is naturalization, and from the other half, ~13% would be EB - yep, 80K (EBs are the easiest to approve because there are no interviews or tests, so the percentage is likely less than 13%).
So, in March 2007 there were a total of no more than 140K pending cases in I-485 stage of stocessing. Now in June-August EVERYONE who had an approved LC got to apply, and there were ~300K applications, while CIS gave out ~70K green cards, so we would have a total of 370K pending petitions. This estimate is surprisingly close to 13% of the total 2.5M backlog, so I would consider it good.
Again, I absolutely do not believe there are more than 500K EB1-EB3 cases. There may be another 500K in the 'other worker' category, but this is not what we are talking about here.
We can argue who is right on the numbers for a long time, The Ombudsman, who quote that they can not say for sure what the numbers are, or the kauffman Report who claim 1.1 million. Even if we go with your number of "no more than 500K" - thats a 3 year wait if there are no more country caps.
Also from the Ombudsman:-
"In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards." - Pending applications for employment-based green cards means "application approved pending visa number availability" - ie all but approved - waiting for a visa number, not all 485 applications.
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending"
I'm obviously not adding those numbers together, but I really believe that the numbers are larger than we think.
Remember to take out the visa's unsued each year (per the ombudsman, in the last 3 years, thats only 100k wasted) that brings down the number of visas available, and remember there are other visa paths into greencard application, not just H1B.
They also think there are roughly about 170K at BEC... that haven't hit yet. Add that to the number - all with old PD so you better believe their dates will come current sooner.
If you've read the Ombudsman's report, you should have figured out that things are NOT moving quickly
I've just realized, are you looking at just 485 numbers and not everyone in the EB GC queue?
Finally - if you've read the Ombudsman report from the past few years, they will look very similar to this years' one (although they gradually get more and more bleak). Nothing has change to make the situation better, so the expectation that all of a sudden things will get fast now still baffles me.
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I_need_GC
07-01 08:24 AM
Ok, As promised I am giving you an update I contacted my attorneys office yesterday the most senior attorney was out so I spoke to her assistant and according to him, If USCIS made a mistake then its their mistake not mine once the GC card comes enjoy it and if they realized they made a mistake 3 years from now or 5 years from now well by that time my PD would probably be current so whats the difference. He did recommend I wait longer than 5 years to apply for citizenship buts thats a long way ahead. It just might be my 4th of July gift. :) I will keep you all updated on any changes.
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what_now
05-17 11:58 AM
sending to my local Senators and Congressman.
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arrarrgee
07-18 01:15 PM
Its just the Battle that has been won guys.,...the War is still on.. Its just the beginning ..everyone has just started taking us seriously...We gotta trust IV and support them (Ourselves) in every step...
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Green.Tech
07-22 11:39 AM
Not really. Every has the freedom to chose what they like or not. Exactly because of these rude attitude of Hindi People I never speak hindi.
No need to generalize my friend because it will not make sense if someone comes out and says that snathan belongs to this particular state in India, and because snathan is naive, all the people from that state are naive. Doesn't make sense, does it?
No need to generalize my friend because it will not make sense if someone comes out and says that snathan belongs to this particular state in India, and because snathan is naive, all the people from that state are naive. Doesn't make sense, does it?
little_willy
06-14 11:38 PM
Interesting points. I have a question. When changing employers, after 180-day portability period, do we need to use the EAD or can the new employer file a new H-1B petition on your behalf essentially keeping your non-immigrant status valid at the same time your I-485 applied through your previous employer is still pending. Thanks.
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
admin
03-17 03:51 PM
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
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