mbartosik
04-10 09:32 PM
I posted a few days ago here
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
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stldude
07-09 08:09 AM
Mine was went on June 28th and reached them on July 02 8:44 am. My lawyer could hv. sent it by next day and it wud hv. reached them on Jun 29th.. hmmmm...
kshitijnt
01-02 01:33 AM
Last year my wife's case was put under 221(g) by Mumbai consulate. We abandoned the visa process and she entered using AP. Since then we have used AP twice and given up H1B visa as a first option.
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Humhongekamyab
06-06 02:58 PM
Are there any specific links for complaining to these agencies?
See the 4th message in the thread.
See the 4th message in the thread.
more...
bala50
08-05 10:57 AM
Folks,
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
cherupally
09-17 05:46 PM
But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
Again this are grey areas.There are no concrete answers.
I was not sure about this. I guess medicals are valid for 15months (if I am not wrong). But again, I just sent the medicals with new I-693 form with old results (like old wine in the new bottle :) ). Its just that the Doctor forgot to fill couple of check boxes, so I hope they accept it.
Again this are grey areas.There are no concrete answers.
I was not sure about this. I guess medicals are valid for 15months (if I am not wrong). But again, I just sent the medicals with new I-693 form with old results (like old wine in the new bottle :) ). Its just that the Doctor forgot to fill couple of check boxes, so I hope they accept it.
more...
apnair2002
05-25 06:25 AM
fax sent
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chnaveen
04-24 10:18 AM
I understand the pain beacuse of these RFE as we all are waiting for our GC.
There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
It doesn't mean that, in every one's case, they send this RFE, It's just Random.
And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.
There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
It doesn't mean that, in every one's case, they send this RFE, It's just Random.
And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.
more...
meridiani.planum
01-18 01:13 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
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ash_2005
09-12 03:36 PM
Not in the system yet, and no checks cashed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
more...
desi_scorpion
08-10 12:01 PM
Called the NSC on wed and today....and was told that I need to wait 90 days from the date of submitting the 485 to receive a receipt number. Expecting something similar in todays update.....thats a pretty long wait.
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bp333
07-02 11:58 AM
Per the updated bulletin. Can we apply or not apply 485.
Also, how come they didn't know on May 15th when the moved the dates to 2003..
All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.
Also, how come they didn't know on May 15th when the moved the dates to 2003..
All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.
more...
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mdipi
11-02 08:40 PM
hahaha! lost this was by accident too! see i had to do an interview for a school so i was all dressed up, so i posed like a weather man for a pic....so i went to Weather.com and got a local map that i was going to use to put behind me. well the extract tool didnt do exactly what i wanted cause i had never used it, so i did it like a quick mask. so in the end of the filter it ended up making it like all 'rough' on the edges. so i brought the map in....scaled it to size on the screen (i sized it to the whole screen. oh by the way, after i imported the pic onto the new doc.,i difference clouded it).so after all that i put difference clouds on the map too. i changed the layer blend to color blend and vola. it looks cool w/burn too. i have been playing around ALOT w/it. i think it is a big step for me! :beam:
-mike:cyclops:
-mike:cyclops:
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sodh
07-24 10:28 PM
Passport is a travel document and has to be in order if you are travelling or have to stamp a Visa,but your I-94 has to valid when you are applying for AOS.
more...
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140jibjab
01-11 11:06 AM
When you apply for H4 for the new wife. Make sure you take the follwoing:
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
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virald
08-05 02:44 PM
Filed 485 in vermont service center
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
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psaxena
03-09 06:46 PM
Thanks Vin13.
I was thinking the same, to have my wife work on EAD.. so does that mean she will have to give her H4 away to work on EAD. Will that any issue while she travels and comes back on AP. I know it should not but just wanted to conform on the same.
Now also can you suggest on the scenario somehow I get a denial of 485 , what then my wife will have to do ? will she have to go back to the India and get a H4..
Please advice.
Thanks in Advance.
I was thinking the same, to have my wife work on EAD.. so does that mean she will have to give her H4 away to work on EAD. Will that any issue while she travels and comes back on AP. I know it should not but just wanted to conform on the same.
Now also can you suggest on the scenario somehow I get a denial of 485 , what then my wife will have to do ? will she have to go back to the India and get a H4..
Please advice.
Thanks in Advance.
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ghost
06-22 01:14 PM
Just an assessment on where we are collectively as a group:
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
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TO BE OR NO TO BE
05-17 07:37 PM
Hi Everyone,
My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).
Now my question is:
If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.
I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.
Has anybody in this forum experienced the same situation?
Please let me know.
Thanks!
My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).
Now my question is:
If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.
I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.
Has anybody in this forum experienced the same situation?
Please let me know.
Thanks!
gcdreamer05
02-03 01:53 PM
fairy angel, there is a very kind and helpful person called "angry white male" a.k.a "Matt krusse" a.k.a "curry lover", please PM/Phone/Fax/Email this person and he will help you....
He may even get you a job....... :p
He may even get you a job....... :p
cbpds
04-28 01:13 PM
It now seems that Reid will go ahead with the climate bill instead, guess they may have border security in place before looking into the Immig bill.
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