kaisersose
06-05 02:44 PM
Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
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santiwar
12-13 06:58 PM
Being an eternal optimist, I am still hanging in there with a hope that things will change after the next Presidential elections.
Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!
My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p
Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!
My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p
tikka
07-02 04:20 PM
Money Spent On 485
--------------------------------------------------------------------------------
1) usd 325 PER PERSON FOR 4 FAMILY MEMBERS - 1300
2) US D 180 + 170 FOR 3 FOR EAD ---- 1050
3) USD 400 PER PERSON FOR MEIDCAL AND SHOTS - 1600
4) FEDEX AND OTHER CHARGES - 150
5) CANCELLED TRIP TO INDIA ON JULY 4TH - USD 1200 ( CANCELLATION FEE )
6) TOOK LEASE TO PREPARE - 2 DAYS - USD 1600
TOTAL EXPENSE --- USD 6900
MENTAL AGONY DUE TO THIS - INVALUABLE
(THIS WILL BE THE CASE FO RALL FAMILIES WITH 4 MEMBERS)
was posted on the other thread...
--------------------------------------------------------------------------------
1) usd 325 PER PERSON FOR 4 FAMILY MEMBERS - 1300
2) US D 180 + 170 FOR 3 FOR EAD ---- 1050
3) USD 400 PER PERSON FOR MEIDCAL AND SHOTS - 1600
4) FEDEX AND OTHER CHARGES - 150
5) CANCELLED TRIP TO INDIA ON JULY 4TH - USD 1200 ( CANCELLATION FEE )
6) TOOK LEASE TO PREPARE - 2 DAYS - USD 1600
TOTAL EXPENSE --- USD 6900
MENTAL AGONY DUE TO THIS - INVALUABLE
(THIS WILL BE THE CASE FO RALL FAMILIES WITH 4 MEMBERS)
was posted on the other thread...
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nogc_noproblem
06-05 05:24 PM
I also would like to hear from others about this question.
Does this (given below) means DOL has the authority to find something and send Notice of Intenet to Revoke at any point of time during the GC process?
"The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State."
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:
Does this (given below) means DOL has the authority to find something and send Notice of Intenet to Revoke at any point of time during the GC process?
"The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State."
How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:
more...
jsb
01-13 12:12 PM
Hi pappu,
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
I am planning to send a letter to Ombudsman DHS-7001.
Not sure if there will be any response. Even if there is one, they are going to say that my dates are outside the processing times.
Receipt date: July 9th, 2007
Priority Date: July 19, 2001. EB3. India.
What reason can I write for "Description of your case problem"?
Can I just mention that I am about to incur significant and unusual costs because of this delay?...
Thanks,
Description of problem has to be something suggesting that they are not following their own rules. Mentioning about significant costs etc is not going to fly as that applies to everybody. If Ombudsman believes that your problem is genuine, they send case to the processing center for an answer within 45 days.
Processing Centers claim that they process cases in order they receive. If you know any case (even from this forum) with RD after your RD, which has been processed, write it there, asking them why your case was left out. Centers generally provide a convenient reply, such as PD not current, your case is yet to be reviewed as per receive date sequence (their receive date is what you see on line as "your case was received on...", which may be different from RD on your receipt), etc. Sometimes they wait until your PD is not current any more, as they did in my case. Nevertheless, give it a try.
Sheila Danzig
04-19 11:13 AM
There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
more...
sanju
09-09 09:13 PM
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.
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EAD
11-13 10:48 AM
Hi, I got the email today that my AP has approved and they have mailed the document.
Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.
5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information
2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.
3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)
After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.
I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.
I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.
Few things i did to expedite so that I don't have to cancel my tickets and thanksgiving plans.
5 Days before the end of 90 days. I called NSC and requested to expedite the process in financial loss category. They told me that I'll get some information with in 5 days. I got letter in mail that they are working on it. Regular receipt letter nothing much information
2) Exactly after 90 days of filing my application (Nov 4th) I took an infopass appointment to talk to the officer. She told me that we cannot expedite as this is not a medical emergency or any other kind of emergency. I told her that i have already got my tickets and i made the plans after normal processing times of 90 days. She said she cannot do anything except sending an email to USCIS about my case. She also said if you have any family medical emergency we can issue a AP here but as I don't have one we cannot do anything.
3) Same day I sent a cover letter with DHS Form 7001 to CIS Ombudsman explaining my situation including copy of financial loss documents (tickets and all.)
After around 9 days I got a email today that its approved. I had lost hope and was planning to cancel my tickets coming Monday.
I am not sure whats the reason it got approved. May be its just over 90 days and it was supposed to get approved or its because of CIS Ombudsman.
I am glad that now I can travel as planned next week and don't have to cancel my tickets provided I'll get the document in hand early next week.
more...
hpandey
11-27 11:29 AM
Many thanks to IV for doing all the work and collecting this very useful information. It truly shows that IV is the one and only platform that helps the EB population.
United we stand.
United we stand.
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lj_rr
08-25 06:24 PM
485 and 1st EAD/AP filed at TSC in July 2007
Paper Filed EAD and AP Renewal for me and spouse on 7/1/08
NSC Receipt Date:7/2/08
EAD Approved:8/18 (There was no FP)
AP Approved:8/20
EAD Card Received: 8/23 with 2 years validity from date of issue(not from date of 1st EAD expiry) .Lost only 1 month though.
Paper Filed EAD and AP Renewal for me and spouse on 7/1/08
NSC Receipt Date:7/2/08
EAD Approved:8/18 (There was no FP)
AP Approved:8/20
EAD Card Received: 8/23 with 2 years validity from date of issue(not from date of 1st EAD expiry) .Lost only 1 month though.
more...
cal97
02-10 07:33 PM
I got the same message in the last week of September in 2008. I honestly do not know where my case is. Called NSC, checked with an InfoPass appointment, made an inquiry through the COngress rep's office. All say the case is in NSC.
Not sure what the Hard LUD, followed by a soft LUD and the message was all about.
Not sure what the Hard LUD, followed by a soft LUD and the message was all about.
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bidhanc
03-21 02:29 PM
I am in NYC. Shall we team up?
Hey,
So apart from you we have
akbose and Munshi75 in NY.
We have Michael R. McNulty (D) as our Reprsentative.
Senators are:
Clinton, Hillary Rodham- (D - NY)
Schumer, Charles E.- (D - NY)
Whats the next step?
Hey,
So apart from you we have
akbose and Munshi75 in NY.
We have Michael R. McNulty (D) as our Reprsentative.
Senators are:
Clinton, Hillary Rodham- (D - NY)
Schumer, Charles E.- (D - NY)
Whats the next step?
more...
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delax
08-06 02:52 PM
Freakin - more than 50 people from 2004 are waiting and the same number of people from 2006 get approved!!!
United States Confusing and Incompetent Service - USCIS
'Service' my a!@#$%
United States Confusing and Incompetent Service - USCIS
'Service' my a!@#$%
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lazycis
12-28 10:54 AM
Hello Guys,
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.
I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.
The question I have is if my current employer can do anything, I mean anything at all, now?
Thank you.
Employer can withdraw I-140 even after 180 days. If possible, avoid that scenario. It will cause RFE or, worse, NOID. But ultimately you'll prevail.
more...
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hopefulgc
06-02 09:23 AM
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
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dionysus
08-20 07:17 PM
You must name him. God forbid if it is my own employer, and he has done the same backstabbing to me too. Please let me know the name of this bastard, atleast in a private message so that I can sleep better tonight.
more...
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needhelp!
01-18 11:30 AM
I don't get it!!
~300 people came forward to raise $30000 in one week.
Not even 100 people voted that they have sent their letters? Something's not right.
~300 people came forward to raise $30000 in one week.
Not even 100 people voted that they have sent their letters? Something's not right.
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ramus
06-28 08:22 PM
I asked you question before and I am asking you again, can you please let us know how much do you care about IV.. If you do then can you tell us what have you done till date for IV..
Please answer it now..
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
Please answer it now..
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
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imm_pro
10-11 07:43 PM
Looks like you know a lot about non profit companies that sponsor cap exempt h1bs, can you please provide a list or a few jobs that are posted under this category...or atleast where to start looking for these jobs...?
These kind of cap exempt visas are only sponsered by Universities and very few research organizations....there arent many comapnies out there for non profit reasons..please dont throw suggestions/advices just for the heck of it...
These kind of cap exempt visas are only sponsered by Universities and very few research organizations....there arent many comapnies out there for non profit reasons..please dont throw suggestions/advices just for the heck of it...
drona
08-27 07:04 PM
To IV members who are within driving distance of DC and are not committing to attending the rally, please have a look at this poll and see that there are people flying thousands of miles to attend this rally all the way west from California.
Please take a day off and attend the DC rally. There are many major world issues and US issues at the forefront of discussions in Washington. We have one tiny slot to make our voices heard. This is our chance. If you are taking one day off, it is only one day. Work extra hours on the other four working days in the week. Act now, take this one important day off and join the rally in DC.
Join us on September 18th in Washington DC.
CA Members voting NO in this Poll, we are going to CALL, EMAIL, PM you to change your mind.
CA Members voting YES, you are all superstars! Please remember to edit your profiles and select "YES" - I am attending the DC Rally. This will enable you to receive the latest updates on the rally from IV Core.
Please take a day off and attend the DC rally. There are many major world issues and US issues at the forefront of discussions in Washington. We have one tiny slot to make our voices heard. This is our chance. If you are taking one day off, it is only one day. Work extra hours on the other four working days in the week. Act now, take this one important day off and join the rally in DC.
Join us on September 18th in Washington DC.
CA Members voting NO in this Poll, we are going to CALL, EMAIL, PM you to change your mind.
CA Members voting YES, you are all superstars! Please remember to edit your profiles and select "YES" - I am attending the DC Rally. This will enable you to receive the latest updates on the rally from IV Core.
obviously
05-13 09:11 PM
Divorce in India takes a minimum 1 year to adjudicate if you were married less than 1 year. Otherwise, it is up to the discretion of the judge. Courts in India require a 'cooling period', with 'counseling / mediation'. Latter is basically a a sham.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
