ganguteli
06-09 11:51 PM
http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf
Please refer this document and it will answer your doubt. To be specific L1B resources cannot be deployed in client premises on projects managed and controlled by client (known consulting assignments in technology world). This is just part of the violation. Second... L1B resources cannot be used for general technical skills (java/.net/oracle/production support etc) BUT can only be used for their speciality skills (while processing the L1 visa outsourcing companies shows some internal tools to prove this point). Hope this cleared your doubt, I am pretty sure that now you will be able to find a lot of violations in using L1B resources. L1B resource usage is so common that most of us who are aware of immigrations statuses even doesnt know about this .. forget others including our clients and their managers.
Thank you losers guild member.
Please refer this document and it will answer your doubt. To be specific L1B resources cannot be deployed in client premises on projects managed and controlled by client (known consulting assignments in technology world). This is just part of the violation. Second... L1B resources cannot be used for general technical skills (java/.net/oracle/production support etc) BUT can only be used for their speciality skills (while processing the L1 visa outsourcing companies shows some internal tools to prove this point). Hope this cleared your doubt, I am pretty sure that now you will be able to find a lot of violations in using L1B resources. L1B resource usage is so common that most of us who are aware of immigrations statuses even doesnt know about this .. forget others including our clients and their managers.
Thank you losers guild member.
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godbless
05-04 10:24 AM
Should your address showing up on your w2 and pay stub be matching with the address of your parent company that filed your LC for Permanent Residence? My parent company that filed for my GC is in MI and so my Labor was also filed from there and currently I am working in IL and have been filing tax return for the state of IL for the last 3 years. The addres that shows up on my pay stub and w2 is for the state of IL. As my I485 is already filed so would it matter at the time of adudication of I485 about this address issue?
newtoearth
06-16 02:20 PM
OP Do you know how many L1 visa types are there???
Who said L1 can't be at claient place? Who said L1 can't do programming?
:mad:
Don't spit on other community becoz you are loosing some thing...
Who said L1 can't be at claient place? Who said L1 can't do programming?
:mad:
Don't spit on other community becoz you are loosing some thing...
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iak1973
04-01 12:48 PM
India/China Quota numbers � Update | Klasko, Rulon, Stock & Seltzer, LLP: Blog (http://blog.klaskolaw.com/2011/04/01/indiachina-quota-numbers-update/)
India/China Quota numbers � Update
April 1st, 2011 by William Stock
While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.
A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.
It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.
We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.
Counting the dates..... Thank you all in IV team; great work
India/China Quota numbers � Update
April 1st, 2011 by William Stock
While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.
A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.
It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.
We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.
Counting the dates..... Thank you all in IV team; great work
more...
anotherone
01-29 06:52 PM
As such, you have to start looking for other jobs because you are not sure if they will accept EAD even after a week.
If they offer you the job, well and good, but if not, I think you can litigate for various reasons because what they did is not right.
I am going to start as soon as I calm down :)
however, it is not easy preparing with a whining toddler at my knees ,
*goes off to find daycare*
If they offer you the job, well and good, but if not, I think you can litigate for various reasons because what they did is not right.
I am going to start as soon as I calm down :)
however, it is not easy preparing with a whining toddler at my knees ,
*goes off to find daycare*
snathan
04-24 06:29 PM
"Provide safeguards for visa holders so they know their rights under the law. This would include wage rates and access to benefits."
What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.
he hee... you are dreaming too much. If you are not paid properly the DOL will help you get your wage. Nothing else.
What benefits are they talking about here?? As far as I am concerned, H1B visa holders have to no benefits... we pay SS taxes, federal taxes, Medicaid, state etc. As soon as we loose our jobs we are told we have a couple of days to leave the country - even when we have been here for years. What an inhumane way to treat a tax payer.
he hee... you are dreaming too much. If you are not paid properly the DOL will help you get your wage. Nothing else.
more...
needhelp!
01-14 03:59 PM
Please check out first few posts on this thread. New templates have been added. Please start using the new ones as well.
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agadre
06-29 06:02 PM
I tend to believe the CIR angle to this. Since, teh time CIR has failed, these Rumours have surfaced.....
Another poison choice!!!!
To make it look politically correct, I guess the new revised buletin won't be out till the end of 1st week july. They will make it look natural and stop taking new applications from 9th. :D
Another poison choice!!!!
To make it look politically correct, I guess the new revised buletin won't be out till the end of 1st week july. They will make it look natural and stop taking new applications from 9th. :D
more...
kshitijnt
01-29 05:07 PM
I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
All employees are protected by employment discrimination laws. Once H1Bs are hired. They are protected as well.
This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.
Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.
regards
just anotherone of the expendable non-citizens
All employees are protected by employment discrimination laws. Once H1Bs are hired. They are protected as well.
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babu123
03-29 02:40 PM
My priority Date is EB2 May 2006. I will be current if the dates got moved.
I will be out of the country for the entire month of May.
Please let me know if it is acceptable to be out of the country during 485 approval.
Also please let me know what I need to do at the port of entry.
I will be out of the country for the entire month of May.
Please let me know if it is acceptable to be out of the country during 485 approval.
Also please let me know what I need to do at the port of entry.
more...
andy garcia
06-19 08:57 AM
Hi, I am living in Florida. Do I still send the I-485/EAD/AP documents to Nebraska or Texas ? Can some one please tell me.
Regards
Taken from the 485 instructions.
Where Should You File Form I-485?
Employment-based adjustment of status.
File all employment-based adjustment of status applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
Regards
Taken from the 485 instructions.
Where Should You File Form I-485?
Employment-based adjustment of status.
File all employment-based adjustment of status applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
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factoryman
06-18 01:27 PM
either you can figure as Principal or dependent but not both.
Hi,
Both, me and my wife have approved I-140 through two seperate consulting companies.
Can we apply for I-485 individually and add the other as dependant at the same time?
Thanks
Nitin
Hi,
Both, me and my wife have approved I-140 through two seperate consulting companies.
Can we apply for I-485 individually and add the other as dependant at the same time?
Thanks
Nitin
more...
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CADude
10-05 10:38 PM
immigration-law.com
10/05/2007: USCIS Receipting Delay - How Does This Affect You?
The Ombudsman of DHS is scheduled to have a teleconference on this topic on 10/12/2007 from 2:30 to 3:30 pm, Friday. How do you participate? Click here.
PLEASE NEVER UNDER-ESTIMATE YOUR EFFORTS OR POWER? Please contact if you wish to choose so.:D:D
10/05/2007: USCIS Receipting Delay - How Does This Affect You?
The Ombudsman of DHS is scheduled to have a teleconference on this topic on 10/12/2007 from 2:30 to 3:30 pm, Friday. How do you participate? Click here.
PLEASE NEVER UNDER-ESTIMATE YOUR EFFORTS OR POWER? Please contact if you wish to choose so.:D:D
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vg1778
09-26 03:21 PM
Guys just want to appreciate the efforts by different members here. At least it gives a sense of support that you are not alone in this whole fiasco when you hear around you people getting their FP or EADs and you are left feeling frustrated and anxious.
This forum actually has become quite important and please keep on posting details and updates.
Wishing that it ends soon for all of us and ease our anxiety.
Cheers!!!!
This forum actually has become quite important and please keep on posting details and updates.
Wishing that it ends soon for all of us and ease our anxiety.
Cheers!!!!
more...
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kalyan
03-10 09:24 AM
Please provide a template. I will meet my local senator .
I am here for 6 years. Truely adjusted to Society and habits.
Something should be done . I will do under the leadership and guidance by IV
I am here for 6 years. Truely adjusted to Society and habits.
Something should be done . I will do under the leadership and guidance by IV
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pappu
08-04 06:10 PM
more info
http://www.fbi.gov/congress/congress03/garrity071003.htm
Compare the times with the latest ombudsman report.
==========
FBI name checks blamed for immigration benefits delays
http://www.govexec.com/dailyfed/0607/062207e1.htm
By Elizabeth Newell enewell@nationaljournal.com June 22, 2007
The ombudsman for U.S. Citizenship and Immigration Services, in a report released last week, cited the untimely completion of FBI name checks as a primary cause of delays in granting immigration benefits to applicants.
"FBI name checks, one of the security screening tools used by USCIS, continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts and may not achieve their intended national security objectives," USCIS ombudsman Prakash said in his annual report, presented to the House and Senate Judiciary committees on June 11.
According to the report, 64 percent of the 329,160 FBI name check cases pending from USCIS have been waiting more than 90 days, and 32 percent are more than one year old. There are more than 31,000 cases that have been pending longer than 33 months.
In his report, said the name check delays are caused by the fact that some require manual review by the FBI and the agency does not have the resources to complete these reviews quickly.
In an e-mail to Government Executive, FBI spokesman Paul Bresson said the National Name Check Program is doing a number of things to improve the process, including scanning documents to build an electronic records system and testing textual analysis software to reduce the need for manual review.
The FBI also is working to develop a Central Records Complex to house paperwork and files.
"Currently, paper files [and] information must be retrieved from over 265 locations throughout the FBI," Bresson said. "The CRC will expedite access to information contained in billions of documents that are currently manually accessed in locations around the U.S. and world."
To decrease the FBI workload, recommended that USCIS adopt a risk-based approach to name checks, allowing the FBI to focus its limited resources on applicants posing the greatest threat. Currently, all immigration and naturalization applicants go through the name-check process.
"Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a state sponsor of terrorism, or is a member of the U.S. military," said in his report.
He said in an interview that while the safety of U.S. citizens is the primary concern of the Homeland Security Department, of which USCIS is a part, it is crucial to use a risk management model to ensure that resources are allocated logically.
"That has to be used as the filtration system to really look at any of our protective measures," said. "There are times when protection can come at such a cost that it's just not worth spending that much money in that area, that it's better to spend it where we can have more effect."
The process of applying for immigrant benefits includes a number of other background checks, and 's report questioned whether the FBI name checks are useful in their current form, especially given the delay they cause.
He said he agrees with USCIS case workers and field office supervisors that "the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction."
This is the fourth annual report from the ombudsman, whose position was established under the 2002 Homeland Security Act. The act requires the ombudsman to submit annual reports to Congress identifying serious and pervasive problems within USCIS and making recommendations to fix them. The agency is obligated to respond formally to the annual report within three months.
While says he received last year's response more than eight months late, USCIS acknowledged receipt of the report and an agency spokesperson said officials are in the process of reviewing the recommendations.
http://www.govexec.com/dailyfed/0607/062207e1.htm
==============
http://www.fbi.gov/congress/congress03/garrity071003.htm
Compare the times with the latest ombudsman report.
==========
FBI name checks blamed for immigration benefits delays
http://www.govexec.com/dailyfed/0607/062207e1.htm
By Elizabeth Newell enewell@nationaljournal.com June 22, 2007
The ombudsman for U.S. Citizenship and Immigration Services, in a report released last week, cited the untimely completion of FBI name checks as a primary cause of delays in granting immigration benefits to applicants.
"FBI name checks, one of the security screening tools used by USCIS, continue to significantly delay adjudication of immigration benefits for many customers, hinder backlog reduction efforts and may not achieve their intended national security objectives," USCIS ombudsman Prakash said in his annual report, presented to the House and Senate Judiciary committees on June 11.
According to the report, 64 percent of the 329,160 FBI name check cases pending from USCIS have been waiting more than 90 days, and 32 percent are more than one year old. There are more than 31,000 cases that have been pending longer than 33 months.
In his report, said the name check delays are caused by the fact that some require manual review by the FBI and the agency does not have the resources to complete these reviews quickly.
In an e-mail to Government Executive, FBI spokesman Paul Bresson said the National Name Check Program is doing a number of things to improve the process, including scanning documents to build an electronic records system and testing textual analysis software to reduce the need for manual review.
The FBI also is working to develop a Central Records Complex to house paperwork and files.
"Currently, paper files [and] information must be retrieved from over 265 locations throughout the FBI," Bresson said. "The CRC will expedite access to information contained in billions of documents that are currently manually accessed in locations around the U.S. and world."
To decrease the FBI workload, recommended that USCIS adopt a risk-based approach to name checks, allowing the FBI to focus its limited resources on applicants posing the greatest threat. Currently, all immigration and naturalization applicants go through the name-check process.
"Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a state sponsor of terrorism, or is a member of the U.S. military," said in his report.
He said in an interview that while the safety of U.S. citizens is the primary concern of the Homeland Security Department, of which USCIS is a part, it is crucial to use a risk management model to ensure that resources are allocated logically.
"That has to be used as the filtration system to really look at any of our protective measures," said. "There are times when protection can come at such a cost that it's just not worth spending that much money in that area, that it's better to spend it where we can have more effect."
The process of applying for immigrant benefits includes a number of other background checks, and 's report questioned whether the FBI name checks are useful in their current form, especially given the delay they cause.
He said he agrees with USCIS case workers and field office supervisors that "the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction."
This is the fourth annual report from the ombudsman, whose position was established under the 2002 Homeland Security Act. The act requires the ombudsman to submit annual reports to Congress identifying serious and pervasive problems within USCIS and making recommendations to fix them. The agency is obligated to respond formally to the annual report within three months.
While says he received last year's response more than eight months late, USCIS acknowledged receipt of the report and an agency spokesperson said officials are in the process of reviewing the recommendations.
http://www.govexec.com/dailyfed/0607/062207e1.htm
==============
more...
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cbpds
04-05 04:51 PM
If I am not wrong, buffering wud be to take in new 485 applications, process them and keep them ready.
In that context, most of the applications till 07/07 have been preadjudicated, new buffer wud require dates to be pushed to 07/07 or later.
If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.
20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)
In that context, most of the applications till 07/07 have been preadjudicated, new buffer wud require dates to be pushed to 07/07 or later.
If they add EB2ROW Fall across numbers(6-8k) from first 6 months it will be 20K towards EB2IC backlog. USCIS may need buffer since all pending cases are not pre-adjudicated and some cases will be denied.
20k can clear all back log until 01-JAN if they need buffer they can move to 01-MAR-2007( 2 months or 5k) or 01-MAY -2007 (4 months or 10k), worst case can go to 01-AUG-2007(7 months or 15k)! my guesstimate.;)
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vikki76
10-20 02:56 PM
Contacting Senator seems to be the best option apart from POJ method..if there is some discrepancy from Service Request Response, you can clear that up from POJ method.
That said, even I am waiting for GC approval and needless to say, this wait is more frustrating than the wait before PD was current.
Today got this response from service request.
-------------------------------------------------------------------------------------------------------------------
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
That said, even I am waiting for GC approval and needless to say, this wait is more frustrating than the wait before PD was current.
Today got this response from service request.
-------------------------------------------------------------------------------------------------------------------
Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
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ashkam
11-26 08:35 AM
Lost in all this is the fact that Punjabi wants to sell his house not because he cannot afford it anymore, but because he wants to move to a different city to a higher paying job and can't be bothered to take responsibility for his failed real estate venture. He could have done the ethical thing and stayed in his present job and paid off his loan but he is choosing not to. And who does he blame for his situation? The concept of the "American dream". So the fact that he wants to shirk his responsibilities in favor of foisting his own debt onto the rest of the country isn't his own fault, it's the "American Dream" that's making him do this. It's not exigent financial circumstances that are causing him to foreclose, it is greed and shortsightedness (colloquially known as "The American Dream"). Greed and shortsightedness already caused him to go 20K under the water. And they will now make him screw up his own credit history. If someone cannot learn from one mistake, I say let him keep making mistakes. He will soon find out how difficult life in the US can be if you don't have a good credit history. As for the burden on us taxpayers, hey, we've been spending 10 billion a week for the past 5 years dropping bombs on people, what's a mere 20K?
nashim
09-09 01:40 PM
Calling in progress, I will update once done.
brb2
08-19 10:57 PM
The link is related to the fingerprinting background check. Almost 100% of the time the automated system returns an FBI record (an existance or not of a "rap sheet"). Only in rare cases when the finger prints are not clear USCIS sends a new FP notice.
The issue here is the FBI name check which returns less than 68% in the automated response. Around 32% of cases (485/n400) are delayed of which less than 1% really may have a negative record most of which are reported by IBIS and finger print check.
FOIPA only provides main file check report (not reference file report) which in any case is worthless for most applicants who have never committed a crime but are stuck in the name check due to a flawed soundex alogirthm that is applied for both roman based and non roman based names. Invariably Indians, Chinese, Arabs and Russians (and slavic names) are caught up disprortionately.
Mr. has been lately tightening the screws and USCIS has to report in the next 30 days the response to his anual report to congress where he listed the FBI name check as the most pervasive problem affecting 485 and naturalization applicants and the fact that name check backlog grew by over 100,000 in 2006.
Name check dissproportionately affects Indians, Chinese, Russians, slavs, Arabs and Muslims.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505
Here is some information nixstor dug up.
http://www.fbi.gov/hq/cjisd/fprequest.htm
One can get FBI Identification Record for $18. However some more research needs to be done about what is covered here. Obviously, one cannot get sensitive data analysis here that is done by name checks.
The issue here is the FBI name check which returns less than 68% in the automated response. Around 32% of cases (485/n400) are delayed of which less than 1% really may have a negative record most of which are reported by IBIS and finger print check.
FOIPA only provides main file check report (not reference file report) which in any case is worthless for most applicants who have never committed a crime but are stuck in the name check due to a flawed soundex alogirthm that is applied for both roman based and non roman based names. Invariably Indians, Chinese, Arabs and Russians (and slavic names) are caught up disprortionately.
Mr. has been lately tightening the screws and USCIS has to report in the next 30 days the response to his anual report to congress where he listed the FBI name check as the most pervasive problem affecting 485 and naturalization applicants and the fact that name check backlog grew by over 100,000 in 2006.
Name check dissproportionately affects Indians, Chinese, Russians, slavs, Arabs and Muslims.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505
Here is some information nixstor dug up.
http://www.fbi.gov/hq/cjisd/fprequest.htm
One can get FBI Identification Record for $18. However some more research needs to be done about what is covered here. Obviously, one cannot get sensitive data analysis here that is done by name checks.
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