GCOP
11-08 03:23 PM
The main reason for EB-3 Problem is LIFE ACT (245i act of year 2000) which allowed approximately 345,000 people to file for Adjustment of Status (Green cards). There was no separate quota approved by congress for these applicants, which resulted in using the regular quota ( limited 3000 + numbers of EB-3 India) since year 2001 to 2008...... and still in progress.
As per the DOS data, Total of 111,876 EB immigrant visas have been issued to EB-3 (India) from year 2001 to 2008, BUT EB-3 (India) Priority Date is still in year April 2001 (as most of these visa numbers were/ are being issued to 245i applicants and their relatives at US Consulates abroad.
We have no problem with 245i applicants or their relatives BUT those visa numbers should not be counted against the EB Visa quota.
As per the DOS data, Total of 111,876 EB immigrant visas have been issued to EB-3 (India) from year 2001 to 2008, BUT EB-3 (India) Priority Date is still in year April 2001 (as most of these visa numbers were/ are being issued to 245i applicants and their relatives at US Consulates abroad.
We have no problem with 245i applicants or their relatives BUT those visa numbers should not be counted against the EB Visa quota.
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bpratap
02-04 11:39 AM
Thank you for the info
ujjvalkoul
02-28 12:37 PM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
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Humhongekamyab
04-29 10:25 AM
Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Here you go http://www.dol.gov/esa/whd/
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Here you go http://www.dol.gov/esa/whd/
more...
md_alien
07-02 11:59 AM
Probably not, this sucks big time man...
ie. they will not approve any more GC's for 2007. The question is will they accept applications mailed in today and keep them in abeyance ? I hope so...
What a waste!!!!!!
ie. they will not approve any more GC's for 2007. The question is will they accept applications mailed in today and keep them in abeyance ? I hope so...
What a waste!!!!!!
eastindia
01-07 01:44 PM
Visa Bulletin is coming tomorrow. Just checked with Babaji.
more...
needhelp!
01-28 04:39 PM
Sabeer Bhatia - Hotmail
Suhas Patil - Cirrus Logic
Narinder Kapany - Father of Fiber Optics
Vinod Dham - Father of Pentium
Deepak Chopra
Suhas Patil - Cirrus Logic
Narinder Kapany - Father of Fiber Optics
Vinod Dham - Father of Pentium
Deepak Chopra
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Rajwaitingon140
07-16 10:49 PM
Mine is Dec'20'2006 and still waiting for I-140 approval.
I am waiting on service center processing dates; still yet to annouce..hopefully we should get quickly.
Thanks
so we r in same boat. Mine recd date Oct 2nd 2006.
I am waiting on service center processing dates; still yet to annouce..hopefully we should get quickly.
Thanks
so we r in same boat. Mine recd date Oct 2nd 2006.
more...
Life2Live
11-06 07:31 AM
My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
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GC_Q
05-05 06:16 PM
If you need any kind of corrections to your I-94, please visit your local CBP office. Website is www.cbp.gov. On this website search for Deferred Inspection locations and visit the nearest one.
CBP officer will give you new I-94 with the corrected name, I-94 validity date, DOB, class of admission etc...
Thanks.
CBP officer will give you new I-94 with the corrected name, I-94 validity date, DOB, class of admission etc...
Thanks.
more...
alterego
09-15 02:12 PM
On the other hand, I think something else might happen unless things change quickly.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.
When they want to act on something you can see it in the speed of action.
Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.
You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
That is the exact intent of their policy. They percieve that too many Indian IT folks are coming to america. If what you say happens then their intended consequence would be attained.
Just look at the whole EB thing. Why do they call it EMPLOYMENT BASED immigration then impose COUNTRY SPECIFIC quotas on it. They look at all immigration as a sort of social development. They have EB1 for the truly meritable. The rest of EB immigration/H1b system to them is a safety valve to help keep the labour markets more flexible according to the needs of the day. The 40K is mentioned in the stats. of visas issued for last year. It is on a few of the lawyer websites as well.
When they want to act on something you can see it in the speed of action.
Right now someone in EB2 category in ROW can have a green card in 1yr or less. From India, noone can say how long and probably without changes it would be about 7-10 yrs atleast.
You may be more optimistic that Indians will leave. I am under no such illusion. Having looked at the personas a lot, I tend to feel more will cling on for many many years, just waiting and hoping. Indians will do this for a few reasons. The US advantage in terms of quality of life, money, job opportunities etc is much more. Indians generally tend to put up with more C%^% if it means they can get ahead, and Indians tend to live more for tomorrow than other people ie for children, for financial security etc. These are generally good traits, in this situation they will lead to those clinging on. In a sense AC21 has in a way put us in this situation, by allowing 7th yr H1b extensions. Were that not there, your argument would have been more plausible.
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sunny1000
06-06 07:09 PM
I heard I-140 premium processing has been restarted. Is it true?
Where did you hear this? Can you please let us in on your source(s)?
Where did you hear this? Can you please let us in on your source(s)?
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Krishanpal
07-22 07:25 AM
I guess NSC is much faster than other centres. I am not sure if they have more staff than others.
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rajev_kk
06-19 09:14 PM
Hello,
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
more...
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sanju
03-23 11:54 PM
Here is someone. Following is quoted from some other thread.
Thanks! Can I speak with the Washington Post reporter? I have a lot to say on this issue. Just give me that chance.
.
Thanks! Can I speak with the Washington Post reporter? I have a lot to say on this issue. Just give me that chance.
.
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willgetgc2005
12-14 01:16 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
more...
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vin13
10-29 11:11 AM
Thanks everybody for the responses.
Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.
Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.
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Chris Rock
08-12 01:27 AM
IV core,
Thanks very much for your tireless work.
I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...
1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?
2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?
3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?
4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.
We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.
Thanks very much for your tireless work.
I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...
1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?
2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?
3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?
4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.
We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.
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mhkumar
07-22 10:03 AM
If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
hazishak
08-18 05:54 PM
Looks like NSC is processing i-140 in less than 4 months.
s_r_e_e
10-28 10:01 AM
see signature
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