ChainReaction
08-09 08:17 AM
I called the 800# today bec the TSC IO told me to check back after45 days and now I was told to wait for 90 days bec of the JulyAug backlog. After I conversed with the IO I told them what if the application is lost , should i be refiling my 485 , since the deadline is Aug17, so she transfered me to her super wiser and he looked for my name in the system and told me there is no update so far and he is placing an inquiry and that will take another 30 days and there is nothing else he can do in regards... And the wait of 30 or 90 days is way passed the Aug17th deadline.
I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?
There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?
I think USCIS should honor resubmitted application passed Aug17th deadline if we have to refile our I485 due to lost mail based on Tracking conformation from FEDEX which have the Signature conformation of IO when they received the mail?
There isn't lot of time left if I have to refile my 485 application , I have to call my lawyer to get the paperwork ready, Employer for the job letter and not to mention the Doctor for the medical ,I don't even know if he will issue a duplicate I693 or i have to get all the test redone ?
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gc_on_demand
02-11 01:15 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
Those extra 13k visas are very very helpful Vin13. That will reduce backlog for almost 8 months for Eb2 or Eb3 where ever it will go. Nice job in finding it out. We are ready to fight against USCIS / DOS for that waste . Just one small favor .. Can you get some sort of proof from Ron about this 13k ? May be any link on DOS site or any PDF or anything which is credible not just word. Once again thanks a lot for finding this out
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
Those extra 13k visas are very very helpful Vin13. That will reduce backlog for almost 8 months for Eb2 or Eb3 where ever it will go. Nice job in finding it out. We are ready to fight against USCIS / DOS for that waste . Just one small favor .. Can you get some sort of proof from Ron about this 13k ? May be any link on DOS site or any PDF or anything which is credible not just word. Once again thanks a lot for finding this out
dilber
06-06 03:53 PM
We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours
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kumarc123
10-23 02:01 PM
Obama clearly explained that he wanted to end abuses of the H1-B visas that is used by highly qualified specialists to work in US. He added that he would make "immigrant workers less dependent on their employers for their right to stay in the country, and would hold accountable employers who abuse the system and their workers".
I read that too, the problem is that American people have now become aware of the H1B visa abuse, I believe all these Desi vendor/body shops have really abused the system to the root. If democrats take over, which I interpret they most likely will, they will put out much strict regulations on these small companies. I know some people in my university are planning to join a community that will report the Desi companies abusing the system to department of commerce, because their are some people who failed to get H1b visa in last two years due to the lottery system.
Thanks
I read that too, the problem is that American people have now become aware of the H1B visa abuse, I believe all these Desi vendor/body shops have really abused the system to the root. If democrats take over, which I interpret they most likely will, they will put out much strict regulations on these small companies. I know some people in my university are planning to join a community that will report the Desi companies abusing the system to department of commerce, because their are some people who failed to get H1b visa in last two years due to the lottery system.
Thanks
more...
gcma08
06-10 11:24 PM
We received the 485 approval notices sent emails today
sonaliak
09-19 10:05 AM
Legal Immigrants Voice is a good suggestions, place card was very heavy in future try to make place less heavy :)
It is first time around 1000 people gathered for their rights, it was awesome view, and you are demanding your rights in front of number one democratic institution in the world. For movement I can feel what participants might have felt when Martin Luther King gave "I�ve dream" speech on the same ground long time back.
It is not only mathematics of the number or support, It felt good for me, my wife and others, with the help of Immigration Voice, I was a part of movement which is democratic, legal, peaceful and required.
It is first time around 1000 people gathered for their rights, it was awesome view, and you are demanding your rights in front of number one democratic institution in the world. For movement I can feel what participants might have felt when Martin Luther King gave "I�ve dream" speech on the same ground long time back.
It is not only mathematics of the number or support, It felt good for me, my wife and others, with the help of Immigration Voice, I was a part of movement which is democratic, legal, peaceful and required.
more...
shreekhand
07-04 10:28 PM
A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
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thirdworldman
03-15 01:45 PM
I'm all for doing a robot; I'm also for a six week deadline with intermediary deadlines; the longer the better though--this is very time consuming and i'm going away for a few weeks.
more...
shiva7
02-13 10:21 PM
If we think about the motive behind this I don't see any reason to believe that it's ethnic cleansing. They want to help Americans but not to punish H1-B workers. It maybe fair to not to hire H1-B or fire H1-B. May be they believe that they could help themselves without any foreign worker. But it is not fair to delay Green cards to those who filed for green cards.Because we went through all the legal processes, spent time, spent money and so on...
:(
:(
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Dhundhun
10-19 09:46 PM
Folks,
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
I heard them talking on same issue. Your findings are consistent with what ever I heard from their mouth.
Still it is hard to believe. Specially most of my GC holder friends have blind faith in Obama.
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
I heard them talking on same issue. Your findings are consistent with what ever I heard from their mouth.
Still it is hard to believe. Specially most of my GC holder friends have blind faith in Obama.
more...
abc
11-17 12:34 PM
How long can we keep our career on hold..
I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.
Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.
What do you think?
I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.
Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.
What do you think?
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optimystic
10-16 12:47 AM
Thanks to IV Core and Nixstor in particular for following up on the FOIA subject that has been brought up in several threads over the past couple of weeks (including one by me as well !) and take this up as an action item and providing guidance for the IV members on how to do the same.
I did not realize it was this simple! Will surely send the letter by this weekend.
Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?
I did not realize it was this simple! Will surely send the letter by this weekend.
Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?
more...
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Macaca
09-19 08:16 AM
Lawmakers will decide to bring up the issue and vote on the bill. Attend all Lawmaker meetings.
In this meeting, the staffer will give you his/her business card. Follow up with the staffer after the meeting, specially when the bill is coming up for vote.
In this meeting, the staffer will give you his/her business card. Follow up with the staffer after the meeting, specially when the bill is coming up for vote.
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ryan
08-21 12:12 PM
I did not marry the man I was engaged to. .
Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.
Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.
more...
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gc_lover
07-18 09:54 AM
I checked with somebody who has hired Rajiv Khanna as his lawyer. He said that those who had filed in July are fine and there is no need to re-file it.
I am still waiting to hear from my lawyer though.
I am still waiting to hear from my lawyer though.
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abd
09-21 01:59 PM
May be approval is few hours away for you.
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
more...
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pitha
06-12 02:37 PM
house is 100 times more conservative than senate (does not matter if it is democratic controlled house and republican controlled house). If you think house is going to give us EB immigrants a break then you are completely off base. For every kyl, durbin and Kennedy in senate you will have three times more kyl, durbin and Kennedy in the house. House will take the senate bill and make some adjustments to it and not modifications. This bill cannot be repaired by amendments it is fundamentally flawed for us.whatever passes from the senate is the final bill, house will either reject it or rubber stamp it.
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
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danu2007
10-30 11:03 PM
Done..Posted the letter
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desi3933
02-03 01:04 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
grinch
03-11 10:33 PM
Yes we are soulty!!
Thanks bluesun, I'll try it out
Thanks bluesun, I'll try it out
desigirl
02-16 09:05 AM
Which airport should members be looking to book the tickets to? Baltimore, Dulles or Reagan? Which is the closest to the Capitol Hill or which airport has the easy public transportation access to Capitol Hill. I would like to go ahead and buy the air tickets.
Thanks.
Thanks.
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