rajesh_kamisetty
05-22 01:47 PM
,,
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alterego
10-06 01:37 PM
I believe the USCIS counts only applications they have recieved. In other words even if there is a 140 approved but the person is not able to file a 485 then his application would not count. I think they log in the applications when they send out the reciept notices and then log them out when approved. As such I think even pending EAD and AP applications would be counted as cases.
However some clarification would be definitely nice.
I want to point out however that there are many cases of 140 approvals who for whatever reason are not active or transferring to another petition.
The BECs have completed a little over half of the cases to date. They are moving quite fast in the last few weeks. Recently a colleagues application filed in May 2004 got approved, within 3 weeks mine filed on the same day with the same lawyer was also approved (atleast online status check). As such I feel that atleast those that filed with RIRs will be done by the end of the year and those with traditional labours will be done by next year. Now that last point is what gives me the chills. Those are the really old PDs and until we get a feel for how many of them are still active and how many are legit and how many of those are used for Labour Subs etc, we will not get a handle on the size of this problem.
At the very least we can double the number of pending petitions at 485 stage. Also atleast about 30-40k of those with background checks pending are probably EB based. So It would be a guesstimate but there may be about 300K or so back log of visa numbers needed. However of those a disproportionate number would be EB India. I would conservatively say a third. All guessowrk of course.
However some clarification would be definitely nice.
I want to point out however that there are many cases of 140 approvals who for whatever reason are not active or transferring to another petition.
The BECs have completed a little over half of the cases to date. They are moving quite fast in the last few weeks. Recently a colleagues application filed in May 2004 got approved, within 3 weeks mine filed on the same day with the same lawyer was also approved (atleast online status check). As such I feel that atleast those that filed with RIRs will be done by the end of the year and those with traditional labours will be done by next year. Now that last point is what gives me the chills. Those are the really old PDs and until we get a feel for how many of them are still active and how many are legit and how many of those are used for Labour Subs etc, we will not get a handle on the size of this problem.
At the very least we can double the number of pending petitions at 485 stage. Also atleast about 30-40k of those with background checks pending are probably EB based. So It would be a guesstimate but there may be about 300K or so back log of visa numbers needed. However of those a disproportionate number would be EB India. I would conservatively say a third. All guessowrk of course.
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!
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485Mbe4001
04-06 03:34 PM
interesting that you created an account just to post this...
HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
more...
saimrathi
07-03 10:24 AM
www.youtube.com/watch?v=-rAFmSYY6uE
Maybe Google wants to lend an ear to the GC applicants plight
Maybe Google wants to lend an ear to the GC applicants plight
Get_GC
10-08 06:32 AM
Finger Printing done on 10/4.No LUD till now.
more...
gcformeornot
02-15 11:15 AM
I applied my first H1B extension through my company in June 2008. On 11th Feb, I received REF. I am very much tense about it. Since I am out of project. I got cleared my I 140 with this company in July 2008.
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
months you are out of projects? if its more than 60 days then even though if you transfer to other company they will ask for pay stubs..... which you may/may not have......
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
or
Can I do PP with second company? or else any better thing?
Thanks
Vidya
months you are out of projects? if its more than 60 days then even though if you transfer to other company they will ask for pay stubs..... which you may/may not have......
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smisachu
09-19 02:30 PM
Swede, Thank you. We need more people like you.
And to think of it so many people who could come to the rally, who are struck in the logjam and should come to the rally, did not come. It is a shame!!
It goes to show that IV represents everyone and not just Indians or Chinese. I am proud of all the Brits and other Europeans who not only joined the fight but led it from the front.
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
And to think of it so many people who could come to the rally, who are struck in the logjam and should come to the rally, did not come. It is a shame!!
It goes to show that IV represents everyone and not just Indians or Chinese. I am proud of all the Brits and other Europeans who not only joined the fight but led it from the front.
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
more...
rajuram
12-24 10:56 PM
I have a PD of early 2002, have been here since 1999. I wish IV can get USCIS to disclose country wise backlog
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godspeed
05-24 12:54 PM
Fax Sent
more...
rbms
09-19 03:58 PM
The poll was enabled for me after I posted this message :)
Your wife/husband/girl friend/boy friend must have already voted on the poll. Yes, this poll is that smart..no duplicates...we(dont ask who the we is) want the exact count. Apparently the exact count is very critical for watever it's intended. :)
Your wife/husband/girl friend/boy friend must have already voted on the poll. Yes, this poll is that smart..no duplicates...we(dont ask who the we is) want the exact count. Apparently the exact count is very critical for watever it's intended. :)
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tv25
09-15 10:23 AM
We need experts advice in the following matter.
Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.
When I went for H1 stamping,visa officer said that my case need to go through Administrative processing . I came back on H-4.
We have applied for 485 (through my spouse) and got EAD and AP.I have started working on my EAD. Recently we have received a mail from the consulate saying my H1 was denied and there was a note saying
"section 212 (a) (6) (c) which prohibits unlawful misrepresentation. See form DSL-851 for further details . ". (Not sure what triggered this?). I couldn't find this form anywhere, what is this form?
We have sent an email to US consulate abroad, asking for reasons and future steps, and we have received a response saying
"your case has been fowarded to the USCIS for a final determination. As for your H-4 visa, a decision may not be taken until the USCIS makes a final determination in your case by the USCIS."
Can you advice us what to do next?
1. Will it be possible to withdraw the H1-B application from USCIS?
2. Approximately how long it may take to get a final decision?
3. Is it better to contact USCIS about the case?
4. Will there be any impact of this on my 485 application? or on any future immigration processes?
5. Will there be any problem while entering or leaving the country?
6. Does USCIS notify us about the final decision?
7. Is it better to seek help from Senator in this matter to know what is the decision on our case?
Please advice on this matter as we have travel plans next month.
Thanks in advance for your help.
Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.
When I went for H1 stamping,visa officer said that my case need to go through Administrative processing . I came back on H-4.
We have applied for 485 (through my spouse) and got EAD and AP.I have started working on my EAD. Recently we have received a mail from the consulate saying my H1 was denied and there was a note saying
"section 212 (a) (6) (c) which prohibits unlawful misrepresentation. See form DSL-851 for further details . ". (Not sure what triggered this?). I couldn't find this form anywhere, what is this form?
We have sent an email to US consulate abroad, asking for reasons and future steps, and we have received a response saying
"your case has been fowarded to the USCIS for a final determination. As for your H-4 visa, a decision may not be taken until the USCIS makes a final determination in your case by the USCIS."
Can you advice us what to do next?
1. Will it be possible to withdraw the H1-B application from USCIS?
2. Approximately how long it may take to get a final decision?
3. Is it better to contact USCIS about the case?
4. Will there be any impact of this on my 485 application? or on any future immigration processes?
5. Will there be any problem while entering or leaving the country?
6. Does USCIS notify us about the final decision?
7. Is it better to seek help from Senator in this matter to know what is the decision on our case?
Please advice on this matter as we have travel plans next month.
Thanks in advance for your help.
more...
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rajubuthi
08-17 12:38 PM
This was filed under EB2
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GCwaitforever
04-03 10:04 AM
24.�Moonlighting� Under EADs
AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.
Response: We appreciate your request and will take this matter under advisement.
ADDENDUM III �Moonlighting� Under EADs
For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.
Response: We appreciate your request and will take this matter under advisement.
ADDENDUM III �Moonlighting� Under EADs
For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
more...
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LONGGCQUE
07-26 01:04 PM
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
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immigrant2007
06-08 02:10 PM
Not sure about the purpose of this thread but mine was applied on 29th April. Started seeing updates after 15th May. Got the approval update around 25th and cards on 7th (except that sp far all cards for me and my family used to arrive at same day this time they arrived on diffrerent days).
more...
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jfredr
06-15 02:24 PM
I will check with them
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bindas74
05-14 11:06 PM
Hi Gurus,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
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The7zen
03-23 11:01 AM
Apr 1st is not the start of a new Fiscal Year. You must be meaning the end of the first financial quarter?
FYI:
Not true, not all companies follow calendar year as their fiscal year....
Ex: MSFT, NWS, etc...
FYI:
Not true, not all companies follow calendar year as their fiscal year....
Ex: MSFT, NWS, etc...
voldemar
03-07 01:30 PM
What a rationale you are using. So then "kids should not suffer" and then the answer is yes, go ahead and reward those who broke laws with an amnesty.Hey, I don't know if you have kids, just imagine you have 16 old kid, you are on H1 waiting for labor certification and visa number to be available. While waiting continues your kid turns 21. Are you ready to send him home?
bbenhill
08-05 04:55 PM
What do you want to know? I130 and I485 needs to be filed. Both Counselor Processing as well as AOS allowed.
This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.
Found this one on the internet... maybe someone can help to give more information about K-3 visa ...
here is the url :
http://www.workpermit.com/us/family_visas/spouse.htm
just trying to help ... :-) I am not a lawyer ... :-)
Regards
This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.
Found this one on the internet... maybe someone can help to give more information about K-3 visa ...
here is the url :
http://www.workpermit.com/us/family_visas/spouse.htm
just trying to help ... :-) I am not a lawyer ... :-)
Regards
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