immitul
10-02 10:14 AM
We are doing the same...of keeping some amount aside for unexpected events, and then invest further on house or some thing else.
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gimme Green!!
07-13 03:36 PM
Hail Lou Dobbs!
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gcphul
11-19 05:59 PM
Hi guys
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
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loudobbs
10-04 09:42 AM
My Case is similar to yours.. I called USCIS yesterday and the IO checked and said something about my photo missing when she looked online... She then put me on hold and came back after a couple of minutes and said that photo need not show up (or not required) for AP. she asked me to call up after 2 weeks if I dont get it.
My guess is something's messed up. I am planning to call back on monday if I don't get it by that time.
:(:(:(:(
My AP online status says mailed on Sep 11 th. I have not received them yet.
My wife AP online status said Sep 11 th. We received them on Sep 21 st.
My guess is something's messed up. I am planning to call back on monday if I don't get it by that time.
:(:(:(:(
My AP online status says mailed on Sep 11 th. I have not received them yet.
My wife AP online status said Sep 11 th. We received them on Sep 21 st.
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rc0878
09-17 09:31 AM
Hi cooldudesfo,
I am just curious that how come you got your EAD and AP approved, since the current processing dates for California Service Center are as follows-:
I-765 Application for EAD (pending I-485) is 11 Weeks
and
I-131 Application for Travel Document is April 18, 2007
Have you received both the documents in hand? I am concerned because I have plans to travel back home in december and am not sure if i will have AP in hand by then.
Thanks.
I am in the exactly same situation.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
I am just curious that how come you got your EAD and AP approved, since the current processing dates for California Service Center are as follows-:
I-765 Application for EAD (pending I-485) is 11 Weeks
and
I-131 Application for Travel Document is April 18, 2007
Have you received both the documents in hand? I am concerned because I have plans to travel back home in december and am not sure if i will have AP in hand by then.
Thanks.
I am in the exactly same situation.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
guy03062
07-05 01:23 AM
Miriam, WSJ journalist. I thanked her for covering in WSJ, requested to write more depth to uncover facts from USCIS / DOS for visa bulletin fiasco and added my personal story too.
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InTheMoment
07-14 09:34 PM
Mostly what is you said I feel is correct...though the analysis that a specific service center is slow or fast might not. These opinions are practically like a pendulum! That said if you look at recent data on EB2-I approvals you would see there are more approvals at NSC.
Secondy, even if there are more applications submitted to a NSC or TSC (after the geographic distribution of I-485 filing since Jul 30, 2007). USCIS always redistributes them among the centers to even out the workload depending on the capacity of each center.
this is mainly due to July VISA Bulletin fiasco and thousands were allowed to apply for their I-485, due to USCIS/DOL July 2007 VB.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
Secondy, even if there are more applications submitted to a NSC or TSC (after the geographic distribution of I-485 filing since Jul 30, 2007). USCIS always redistributes them among the centers to even out the workload depending on the capacity of each center.
this is mainly due to July VISA Bulletin fiasco and thousands were allowed to apply for their I-485, due to USCIS/DOL July 2007 VB.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
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vivsimmi
12-05 12:25 AM
Hi GCNirvana,
I found one of your earlier posts on this forum suggesting that 3 years back you were in the same situation as I am today - expired VISA and two extension approvals (797's). In my case, VISA expired in oct 09, current 797 expires 31 dec 09 and next (against I-140) starts jan 2010.
As your's was the only post i found on this topic, it will help me a great deal if you could let me know about your stamping experience. You mentioned that your stamp showed validity dates from both 797's, could you please share some more details on that? Did it have two start dates and end dates?
Besides, from another one of your posts, i gathered that it is best that i come back into the us only when my newer 797 is already active. i guess it wud reduce complications at POE. Would appreciate if you could give me some suggestions here too.
Well, i can already thank you for your posts as i really struggled to find information relevant to my case before i came across your posts.
Thanks.
---------------------------------------------------------------------------------------
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
I found one of your earlier posts on this forum suggesting that 3 years back you were in the same situation as I am today - expired VISA and two extension approvals (797's). In my case, VISA expired in oct 09, current 797 expires 31 dec 09 and next (against I-140) starts jan 2010.
As your's was the only post i found on this topic, it will help me a great deal if you could let me know about your stamping experience. You mentioned that your stamp showed validity dates from both 797's, could you please share some more details on that? Did it have two start dates and end dates?
Besides, from another one of your posts, i gathered that it is best that i come back into the us only when my newer 797 is already active. i guess it wud reduce complications at POE. Would appreciate if you could give me some suggestions here too.
Well, i can already thank you for your posts as i really struggled to find information relevant to my case before i came across your posts.
Thanks.
---------------------------------------------------------------------------------------
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
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Ramba
11-19 06:59 PM
Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
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eb3India
04-20 10:01 PM
how about www.taxpayinghandcuffededucatedslaves.org
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chanduv23
03-16 01:38 PM
well - for the antis - the ONLY post they liked seems to be "pack your bags and go home". Lets not try to force ourselves to satisfy them.
Now, when it comes to out of status issues - lot of people do genuinely fall out of status. There is nothing called exploiting the loophole unless someone breaks the laws.
It is obvious that one must not be on bench, or after layoff without a job. There is no room for loopholes.
We have always seen that USCIS does treat every petition for renewal on a case to case basis. Grace period (considerable) has been considered for genuine cases.
Infighting is common - it happens everywhere. People seldom change.
See - IV is not something like a freedom movement or asking for rights for poor or downtrodden - IV is basically a group of immigrants who are skilled and well educated who want to lobby for a change in system and sort issues. Everyone here has their own selfish motive and that's why this infighting among eb2 vs eb3 , MS vs BS, India vs ROW et al......
So lets not worry too much because antis paint all of us together because of actions of some people. If people realize and change - well it is good for all - otherwise - "we cannot make the horse drink water .." you know what I mean
Now, when it comes to out of status issues - lot of people do genuinely fall out of status. There is nothing called exploiting the loophole unless someone breaks the laws.
It is obvious that one must not be on bench, or after layoff without a job. There is no room for loopholes.
We have always seen that USCIS does treat every petition for renewal on a case to case basis. Grace period (considerable) has been considered for genuine cases.
Infighting is common - it happens everywhere. People seldom change.
See - IV is not something like a freedom movement or asking for rights for poor or downtrodden - IV is basically a group of immigrants who are skilled and well educated who want to lobby for a change in system and sort issues. Everyone here has their own selfish motive and that's why this infighting among eb2 vs eb3 , MS vs BS, India vs ROW et al......
So lets not worry too much because antis paint all of us together because of actions of some people. If people realize and change - well it is good for all - otherwise - "we cannot make the horse drink water .." you know what I mean
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invincibleasian
02-05 09:19 AM
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
I was here on F1 first and then converted o H1. I went for a H1 stamping after about 5years. Student status refers to the status of the F1 visa. They usually track it using SEVIS. My bad luck since SEVIS was not up that day or my name was not showing up since I was a pre sevis grad enrollment. 221g is a document they hand out if they cannot issue a visa due to lack of documents or need to no further administrative processing like verify employer/status on a visa etc. You need to either appear again before the consulate or they get back to your later. My case was a nightmare and I dont plan to ever go back again to India period. Guys do your research on the web regarding 221g do travel plans accordingly!
I was here on F1 first and then converted o H1. I went for a H1 stamping after about 5years. Student status refers to the status of the F1 visa. They usually track it using SEVIS. My bad luck since SEVIS was not up that day or my name was not showing up since I was a pre sevis grad enrollment. 221g is a document they hand out if they cannot issue a visa due to lack of documents or need to no further administrative processing like verify employer/status on a visa etc. You need to either appear again before the consulate or they get back to your later. My case was a nightmare and I dont plan to ever go back again to India period. Guys do your research on the web regarding 221g do travel plans accordingly!
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sac-r-ten
06-22 10:27 AM
nothing in advice/suggestion, just wishing you good luck with your endeavour.
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snathan
02-15 11:14 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
what is the RFE for...?
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
what is the RFE for...?
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Honda
08-19 08:26 PM
Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
There is no way to clean every thing with in 3 to 4 years, Why because like EB3 china and India had country limit per year.
if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?
There is no way to clean every thing with in 3 to 4 years, Why because like EB3 china and India had country limit per year.
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sbabunle
12-01 04:02 PM
I've gone through the pretty much same situation and had a hell of time
with it.
The best way in my opinion is:
1. Stamp H1B with latest approval from India(Home country) is the BEST way.
2. If you have the approval right now goto Mexico or Canada and stamp it.
3. Show the new approval letter to the POE and beg him to give the new data ( Mar 2007). ( Incase you dont stamp VISA).
4) Incase you dont want to stamp and at POE officer gave you Feb28, immediately after reaching here, do an amendment on you H1B saying
a slight change in job description. ( Like add one more thing in your responsibilites or whatever)
If he gives Mar 2007 on I-94 you are okay. If he give Feb 28 that would
create problems. I did not know it first time and found it after the date expired on the I-94. Murthy advised me to do an H1B amendment. So I had to spend about 3grands on this. Atty said technically I had some 2 months out of status stay. I travelled out after this incident. Nothing happened to
me on the way back. So I guess everything is okay.
I would recommend as clean as you could with these things, since doing business with USCIS is an ugly one.
best regards
babu
with it.
The best way in my opinion is:
1. Stamp H1B with latest approval from India(Home country) is the BEST way.
2. If you have the approval right now goto Mexico or Canada and stamp it.
3. Show the new approval letter to the POE and beg him to give the new data ( Mar 2007). ( Incase you dont stamp VISA).
4) Incase you dont want to stamp and at POE officer gave you Feb28, immediately after reaching here, do an amendment on you H1B saying
a slight change in job description. ( Like add one more thing in your responsibilites or whatever)
If he gives Mar 2007 on I-94 you are okay. If he give Feb 28 that would
create problems. I did not know it first time and found it after the date expired on the I-94. Murthy advised me to do an H1B amendment. So I had to spend about 3grands on this. Atty said technically I had some 2 months out of status stay. I travelled out after this incident. Nothing happened to
me on the way back. So I guess everything is okay.
I would recommend as clean as you could with these things, since doing business with USCIS is an ugly one.
best regards
babu
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sertasheep
02-26 04:16 PM
Mercies and Ragz,
Thanks for the correction. I've sent a similar mail to Vayalar Ravi. I'll update you all if I hear anything.
Thanks for the correction. I've sent a similar mail to Vayalar Ravi. I'll update you all if I hear anything.
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sandy_anand
01-07 09:48 AM
It was a massive Rs.8000 crore fraud. This is bad for India, Inc. But I don;t think this will affect outsourcing. The other firms like TCS, Infosys, Wipro will merely pick up Satyam's clients.
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lonedesi
10-06 11:30 AM
From Matthew Oh Website:http://www.immigration-law.com/
Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:
Total Pending Cases: 1,131,333
Cases Pending Customer Follow-Up Action: 200,828
RFE or Fault in Initial or Other Required Documentation: 187,457
Others: 13,371
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
Do these numbers agree with what we at IV have been estimating? Was surprised to note that only 110,786 cases were affected by retrogression in the EB category.
Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:
Total Pending Cases: 1,131,333
Cases Pending Customer Follow-Up Action: 200,828
RFE or Fault in Initial or Other Required Documentation: 187,457
Others: 13,371
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
Do these numbers agree with what we at IV have been estimating? Was surprised to note that only 110,786 cases were affected by retrogression in the EB category.
furiouspride
08-07 11:59 PM
I am stuck in EB3 and want to apply for EB2. How does one find companies willing to do EB2? With desi consulting companies you can ask upfront to the recruiter but with american companies can you do the same?
Can users suggest some companies who are currently doing EB2?
I think now we know why we are so fukked. Both EB2 and EB3! I bow to you sir.
Can users suggest some companies who are currently doing EB2?
I think now we know why we are so fukked. Both EB2 and EB3! I bow to you sir.
Edison99
01-26 02:05 PM
Sounds good!
"In simple English, the bill would eliminate the annual green card lottery and give the 55,000 green cards each year to foreign-born graduates of U.S. universities with advanced degrees in the sciences or in medicine.
With the employment-based second preference category (EB-2) backlogged for many years for persons born in India and mainland China, our country would benefit greatly if 55,000 more green cards were available annually for highly-educated people."
--------------------------------------------------------------------
However the bill would also benefit EB3, as the numbers will roll down from EB2. Not a bad deal, as it would reduce everyone's stress.
"In simple English, the bill would eliminate the annual green card lottery and give the 55,000 green cards each year to foreign-born graduates of U.S. universities with advanced degrees in the sciences or in medicine.
With the employment-based second preference category (EB-2) backlogged for many years for persons born in India and mainland China, our country would benefit greatly if 55,000 more green cards were available annually for highly-educated people."
--------------------------------------------------------------------
However the bill would also benefit EB3, as the numbers will roll down from EB2. Not a bad deal, as it would reduce everyone's stress.
