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  • CaliHoneB
    09-21 10:50 AM
    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.




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  • life99f
    05-21 07:34 PM
    Support!!!!



    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy




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  • ramaonline
    01-02 01:40 PM
    Note that USCIS has introduced bispecialization because of which all I140 employment based petitions must be sent to NSC for processing.
    With the premium processing option you should get a case decision within 15 days. If the petition cannot be processed under the Premium option, u will get a refund of the extra $1000 .




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  • clockwork
    07-18 05:03 PM
    Enjoy! :) Only 5 files max allowed. Please follow up the next post.



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  • arnab221
    04-27 11:00 AM
    Yeah ,

    Look like closed door discussions are in full swing .The below articles say so .

    http://www.pe.com/localnews/politics/stories/PE_News_Local_D_caucus26.3c8ac4d.html.


    http://www.ocregister.com/ocregister/news/nationworld/washingtonbureau/article_1670542.php




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  • aachoo
    03-24 09:56 AM
    Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"

    I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!



    Request for Evidence



    The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.

    Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.

    You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.

    Officer # 11**

    Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
    -a



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  • z029556
    08-14 03:06 PM
    Hi Sydeajmal,

    How long did it take for your EAD to get approved once you have submitted your RFE

    Regards
    Vijay




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  • SunnySurya
    11-02 05:09 PM
    Yeah! let us all right to John McCain!
    All,

    Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
    or
    does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
    Thanks,



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  • imneedy
    05-02 09:25 AM
    I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.

    I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140

    Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.

    My pririty date is still not current....

    beautifulMind - does your new I-140 have old priority date from EB3?

    I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!




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  • detroit2009
    07-11 03:48 PM
    THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.


    My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).

    My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.

    What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)



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  • swartzphotography
    November 22nd, 2005, 02:33 AM
    ok i pick number 3 with number 4 as a close second i like the way the smoke seems to be floating behind him in number 4 but it also seems (imo) that the act of exhaling is also over in that picture alternatively it seems that he is in the act of exhaling in number 3 which i find to have more kinetic energy.

    EAD and AP renewal filing deadline? [Archive] - Immigration Voice

    View Full Version : EAD and AP renewal filing deadline?





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  • sunny1000
    09-15 08:01 PM
    Chandu keeps opening the threads and keeps talking to himself....he is so lonely.

    He is trying to motivate people to go the rally...If you can't go or help in anyway, simply move on...don't whine about the threads...

    Thanks to Chandu and others for the motivation.



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  • maddipati1
    12-11 02:06 PM
    emmNemm,

    read page 3&4 in the instructions for I-131 in the link below

    http://www.uscis.gov/files/form/I-131instr.pdf

    it clearly says ur AP app. is considered abandoned if u leave US before approval of AP.

    options,
    > getting H4 VISA stamped
    > apply for a new AP ( not sure if its possible while u r outside, do some research, may be possible, read the instructions above thoroughly)

    better get a legal advice.


    leo,
    cool down man, show some compassion to the bro. i agree its a novice question. but not every one is as knowledgeable as you. dont need to be harsh. seems like u know so much, his question looks silly, pl. give him a better advice.




    Hi,
    We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
    She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?

    Thanks!




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  • billu
    08-23 08:47 PM
    H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:

    she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)

    she can earn on-campus (20hrs/week) and can have a SSN

    after graduation, she will get OPT which will allow her to work immediately after graduation

    Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)

    you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)

    Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!



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  • for_gc
    06-14 03:44 PM
    Question is who will bell the cat.




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  • gunabcd
    07-02 10:02 AM
    Stop replying to this guy - focus on something more meaningful.
    Yes, let's close the thread, it's not serving the purpose of the forum and wasting our valuable resrouces. Moderators ????



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  • tabletpc
    08-20 12:03 PM
    I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
    Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.

    Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.

    But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????

    Any words of wisdom�.




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  • rajpatelemail
    01-15 06:40 AM
    Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application

    From immigratgion-law.com Mathew Oh Blog link--->>>

    01/15/2009: Changing Environment of PERM Labor Certification Applications

    I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
    Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
    Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers




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  • spaceguy
    11-11 11:24 AM
    My friend has a multiple entry visitor visa for US which is valid till April 2009. However he has to visit in March 2009 and stay till around June 2009.
    Can someone please tell if the immigration officer during port of entry will be able to grant him stay of the usual 6 months on current visa even though it is expiring?
    Or if not, whether he can apply for new visitor visa stamping before expiry of the current one?
    Thanks for your advice

    As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever




    mariner5555
    01-24 01:48 PM
    Hi all,
    will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
    will this create an issue when we renew her EAD ? I wanted to renew with our married last name.

    Thanks in advance




    H1B-GC
    02-18 06:12 PM
    ragz4u and everyone-

    My 1st 3 yrs of H1B is gonna be completed this year.My DL is valid until 2009 issued by Santa Clara DMV in CA State.If i move to PA State or for that matter other state in US would DMV deny me a new Driver's License until my new H1B is extended for 3 more years??

    Pls. let me know your comments!!



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