gg10004
07-19 04:04 PM
Nothing would be done until we fight the crap
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
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bigboy007
08-23 12:38 AM
Hcard was there any LUD on your file ?
tabletpc
09-19 03:26 PM
:D:D:D:D
When I look at my PD, I feel I am going to have some US citizen grand sons/daughters too. Anti-immigration groups call this "Anchor Child".
When I look at my PD, I feel I am going to have some US citizen grand sons/daughters too. Anti-immigration groups call this "Anchor Child".
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crazyAbtUS
11-28 01:09 PM
Hi guys
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?
Any info will be helpfull..
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?
Any info will be helpfull..
more...
gc_kaavaali
05-12 04:17 PM
Relax!!!!!! my 485 application is pending with TSC...As per my jurisdiction i am suppose to send documents to NSC...But when i e-filed it gave me instruction to send support documents to TSC only...so don't panic...
Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.
Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?
Thanks much!
Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.
Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?
Thanks much!
krishnam70
02-17 05:40 PM
Today, I filed an official complaint with IRS about this employer. They told, they are going to send a notice asking the employer to reply to the tax bearer within 10 days from the receipt of the letter. I don't know how the employer is going to react and if they would still provide a corrected W2. Hoping, they would provide, otherwise I would have to call IRS again after another 2 weeks time. I had to be on the phone line for almost 30 mins to reach the IRS customer representative. It is a real pain.
Also be prepared for a backlash ..make sure you have your bases covered.
-good luck
kris
Also be prepared for a backlash ..make sure you have your bases covered.
-good luck
kris
more...
StarSun
08-16 08:22 AM
Members, please note that IV is bringing back the Conference Call with Attorney Prashanthi Reddy. Please note that participation from our members will allow us to continue this program on a regular basis.
Please post your questions as well as be on the conference call to ask and follow up with the attorney.
Please post your questions as well as be on the conference call to ask and follow up with the attorney.
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Canadian_Dream
10-17 02:50 PM
Your AP is most likely approved. The LUD on AP is generally an indication that they have requested it to be printed. (Similar to card production ordered). Unlike EAD there is no status associated with this, in another few days you will see the status changed to Document Mailed to the Applicant. This is for everyone with LUD on AP without change in status.
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
more...
go_guy123
12-14 01:52 PM
yes job market in canada is not good. Alberta (but ist very cold though) is doing better because of the oil sector (oil prices very high)
Some use the 3 years stay neeed (for citizenship application ) to do some
mba etc there that uses up the 2 years. and hang on there for a year
and with canadian citizenship work in us on TN1 visa.
otherwise canada is not that great....but is US great on H1B and married with chidlren ? Basically u have to decide between stay in India or Canada taken citizenship for ur family and then move to us.
Some use the 3 years stay neeed (for citizenship application ) to do some
mba etc there that uses up the 2 years. and hang on there for a year
and with canadian citizenship work in us on TN1 visa.
otherwise canada is not that great....but is US great on H1B and married with chidlren ? Basically u have to decide between stay in India or Canada taken citizenship for ur family and then move to us.
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augustus
10-05 04:00 PM
Our FP were sent back to USCIS the same day - 10/1/07.
What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:
Yeah sadly, there is no way to know. Even I am desperate to find out how one can know if they have cleared name check. I happened to know this from my friend - Get an infopass appointment and maybe an immigration officer might be willing to help you. I don't know how far this is possible since I HAVE NOT TRIED IT. But could be one of the options. More discussions from other experts might help.
What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:
Yeah sadly, there is no way to know. Even I am desperate to find out how one can know if they have cleared name check. I happened to know this from my friend - Get an infopass appointment and maybe an immigration officer might be willing to help you. I don't know how far this is possible since I HAVE NOT TRIED IT. But could be one of the options. More discussions from other experts might help.
more...
laborchic
09-18 10:21 PM
Guys...
DC Rally was a HUGE HUGE SUCCESS..
I alongwith a group of 25 people just came back from the rally and we were glad to be there..
IV CORE absolutely rocks...
Details tomorrow..
DC Rally was a HUGE HUGE SUCCESS..
I alongwith a group of 25 people just came back from the rally and we were glad to be there..
IV CORE absolutely rocks...
Details tomorrow..
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JunRN
08-12 10:12 PM
USCIS reverses its rule. I-485 can now be submitted without medicals. RFE will be sent for that.
more...
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Dj-Studios
05-17 01:02 PM
Thx NJ. I try...
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pappu
10-19 09:23 AM
And 540000 @ 140000 per year is approx. 4 years!
Going by PD, 2001-2003 may get their GC by Dec 2008
PD 2003-2005 by March 2010
PD 2005-2007 by Sep 2011
Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
Not that easy and good as it sounds.
There is a per country quote and yearly wastage you need to factor in.
Going by PD, 2001-2003 may get their GC by Dec 2008
PD 2003-2005 by March 2010
PD 2005-2007 by Sep 2011
Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
Not that easy and good as it sounds.
There is a per country quote and yearly wastage you need to factor in.
more...
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swo
07-13 02:28 PM
Notwithstanding the good research below...
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
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youngindia
06-23 08:51 AM
Guys, If we try something its not gonna hurt us. If we don't try we may have lost an opportunity. The least that this dude can do for us is listen and then we can follow up.
I insist, again, lets talk abt soc. sec treaty. With thousands of us having together millions in that account, the US gov. will have to do something. Remember-its our money- the US govt. cannot deny it if asked by The Indian govt. IF they wanna keep it, better give us our GCs!
I insist, again, lets talk abt soc. sec treaty. With thousands of us having together millions in that account, the US gov. will have to do something. Remember-its our money- the US govt. cannot deny it if asked by The Indian govt. IF they wanna keep it, better give us our GCs!
more...
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nogc_noproblem
01-10 06:01 PM
If he stayed for 180 days and used AC21 then AC21 WILL protect this person
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
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WillIBLucky
11-22 08:24 AM
One of our members has written this as below, it looks good.
PLEASE READ AND CHANGE AS REQUIRED.
Hi,
The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
PLEASE READ AND CHANGE AS REQUIRED.
Hi,
The plight of legal immigants has been lost in all the noise and focus on illegal immigration. There are about 500K legal high-skilled immigrants from around the world who are presently working in the US legally on a temporary work visa issued by the US Citizenship and Immigration Services and in the queue for a permanent resident card also known as Green Card (GC).
There are only 140K GCs given per year for all employment based categories and the employer who sponsors the immigrant has to prove that the job cannot be filled by an American Citizen through a lbour market test. The 140K number is also used to count the spouse and children of the high skilled immigrant. So in essence there are only about 60K high skilled immigrants given a GC each year. Also there is a per country limit of 7%, so only about 5000 GCs are given to high-skilled geal immigrants from each country. This has lead to a huge backlog in GCs especially from countries which send may high-skilled immigrants like China and India. To make matters worse the Congress authorized about 250K illegal aliens a one time waiver to adjust status in the year 2000 and those numbers come out of the regular 140K per year granted to legal high-skilled immigrants.
All this has resulted in a expected wait of "8-12 years" for getting a GC for a "Play-By The Rules" legal high-skilled immigrant. Add another % years after that to get US Citizenship. Seeing these kind of numbers many talented young engineers , scientists and doctors are moving to other countries in droves. No one would like a wait for 15 years to become a naturalized citizen. America is losing a lot due to this Retrogression (Backlog) in GCs, especially when there is a global competition for Talent. The only ones who have patience to stick on is those who have already been in the waiting game for
years and have a lot at stake to leave it at this stage. And for those that chose to wait in this manner life is hell. For 7-10 years they cannot change jobs, cannot get promoted or even change job roles within the same company, cannot get transferred to a different location in same company. Any of these events will mean starting in line all over again. Also their spouses cannot work and they cannot buy homes or make other investment decisions due to the uncertainity, many who have kids in college have to pay higher tution.
I am one of these stuck in this GC hell for the last 9 years, I came to the United States as a student in 1995 to pursue graduate studies in Engineering in a top-ranked university. I have been employed legally in the US since I graduated in 1997 and been pursuing the GC dream for the last 9 years. The end is not in sight and if Congress does not pass any relief I expect the wait to last at least another 5 years.
What does it take for congress to pass some relief? Just some simple relief measures
1. Increase the numbers of GCs to 250K per year temporarily for 2-3 years to alleviate the current problem.
2. Allow to recover unused GC numbers from previous 5 years to be used to alleviate the current retrogression.
3. Do not count spouse and dependents towards the annual number
4. Do not count against the annual cap count certain high-skilled immigrants who have a advanced degree from the US and have worked in a high-skilled job legally in the United states for 3 years .
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lazycis
02-29 11:34 AM
mallu is right. H1B status expires immediately when a person stops working. An employer is required by law to notify the USCIS about a lay off and the USCIS revokes H1B as of that date. There is no grace period, so the only chance to preserve H1 status is to find a new job and file H1B transfer BEFORE the lay off. Preserving I-485 is a different story and you are in a good shape regarding GC. Just find a new job, use EAD and stop worrying about H1 status. It does not worth the hassle and you may not get any benefits from H1.
qualified_trash
10-06 08:47 PM
From Murthy.com
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
rajuseattle
04-11 12:51 PM
Kate123:
Is suggests the spillover should occur, but doesnt specify when to apply the spillover and that could explain why DoS didnt assign the entire 12K pool of spillover numbers to all pending /preadjudicated petitions.
Is suggests the spillover should occur, but doesnt specify when to apply the spillover and that could explain why DoS didnt assign the entire 12K pool of spillover numbers to all pending /preadjudicated petitions.
