BPforGC
05-12 04:29 PM
Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.
This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.
God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.
Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.
This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.
God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.
Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.
bkarnik
07-21 04:34 PM
I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(
STAmisha
11-14 02:36 PM
s
desi3933
03-03 12:42 PM
LC approved in 2006, can I still apply for I-140?
No.
No.
more...
wandmaker
10-23 01:05 PM
Hi,
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!
jsb
03-25 03:47 PM
Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
more...
bbenhill
01-14 05:59 PM
Hi ca_immigrant, agree with ur point. I gave you green :-)
Thx
bbenhill
Congrats !
and thank you to desi485 for posting the link
Good one and particulary moving was the last point ... -:)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....
but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....
neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
(They are in India with my elder borther)
oops...sorry for writing something out of context....
but again Congrats !!
Thx
bbenhill
Congrats !
and thank you to desi485 for posting the link
Good one and particulary moving was the last point ... -:)
14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)
I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....
but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....
neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
(They are in India with my elder borther)
oops...sorry for writing something out of context....
but again Congrats !!
calgirl
08-07 11:46 PM
When did you contact the Senators office and how long did they take to retrieve this information for you?
Thanks.
I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
Well in my case USCIS did not give me any information.
So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
So i have stopped calling USCIS and directly call the Senator office.
Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
So may be you can try calling the Senator office and ask them to followup with your case.
Thanks.
I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
Well in my case USCIS did not give me any information.
So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
So i have stopped calling USCIS and directly call the Senator office.
Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
So may be you can try calling the Senator office and ask them to followup with your case.
more...
english_august
07-07 04:10 PM
Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)
We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.
Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.
BTW, I am curious as to who first proposed this idea.
We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.
Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.
BTW, I am curious as to who first proposed this idea.
gc_lover
06-20 12:24 PM
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
more...
s_r_e_e
08-15 11:26 AM
you just beat me in posting this
:D
happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)
:D
happend to have oh law site open on the side while reading this... it was easy to find the faq link in there :)
logiclife
03-18 02:21 PM
H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)
That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.
Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.
Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)
That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.
Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.
more...
amoljak
10-16 01:51 PM
Which country are you from ?
atul555
09-01 03:27 AM
..when making the decision to settle down in US along-with the endless wait. Somethings you lose (or gain) by immigrating are intangible and unquantifiable.
BTW, Mr Singh and Mr Purewals kids are harami no. 1..
BTW, Mr Singh and Mr Purewals kids are harami no. 1..
more...
mharik
01-06 02:11 PM
Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
Lisap
08-03 12:16 PM
Well atleast we arent alone I guess
more...
GoGreen
07-18 10:39 AM
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.
Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.
ash0210
11-21 10:29 AM
In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
mirage
04-27 11:14 AM
Craap!!!! I have visited India 5 times in last 7 years. The officers have been very courteous and help. This mail is to discredit the system. Please stop discrediting your motherland. We are the people who have abondened our motherland, now don't abuse it. I wonder people like Kalloo dada on H1B are abusing India. What they'll do when they get their GC/Citizenship. I think US people are right to keep us in this shit. 'Jab apne desh ke nahee hue tou iss desh ke kya honge' You disown your mother land what will you do with your earned mother land ????
RiaonH4
01-18 10:30 AM
There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
sureshvd
10-15 11:15 AM
Hi svr_76,
By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.
By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.
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