andycool
01-27 07:13 AM
Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
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masterji
05-18 12:31 PM
If this passes this will be awesome for Ph.D. graduates.
Friend
02-19 09:17 AM
USCIS people rejected the Application. Now the application is with my Attorney. So which option I need to select the for the taking the Info Pass appointment. My Attorney is telling if they accept the application and they put any RFE so that we can take the Info Pass appointment is it correct?
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
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chris
02-05 09:02 PM
One time one IO told me once you file your 485 or any application means USCIS is working on your case. You have to wait until they mail a decission. (what are we going to do though :p)
Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p
Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p
Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
more...
insbaby
06-12 10:18 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
It appears that you have not realized that you have been admitted in this country for work because there was no US Citizen available to do the same work.
As you have agreed that two US Citizens are available, you must give them the oppertunity.
If not, not only you are but your company is also in trouble.
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
It appears that you have not realized that you have been admitted in this country for work because there was no US Citizen available to do the same work.
As you have agreed that two US Citizens are available, you must give them the oppertunity.
If not, not only you are but your company is also in trouble.
perm2gc
08-24 10:22 PM
If I were you, I would read the "captions" before responding.:mad: come out of box dude
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ishwarmahajan@yahoo.com
09-24 05:37 PM
I am hoping you are going to change job in the same profession. What iti means is if you are working on technical side in IT, you are going to continue on technical side no matter what your designation is. I feel that USCIS has clear guidlines on this. please refer to the link below:
http://stats.bls.gov/soc/socguide.htm
I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.
"Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.
First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
:):):)
Thanks,
Ishwar
http://stats.bls.gov/soc/socguide.htm
I think following information on this link could help you to make a quick decision. I addition you should consult to attorney before you make your final decision.
"Supervisors of professional and technical workers usually have a background similar to the workers they supervise, and are therefore classified with the workers they supervise. Likewise, team leaders, lead workers and supervisors of production, sales, and service workers who spend at least 20 percent of their time performing work similar to the workers they supervise are classified with the workers they supervise.
First-line managers and supervisors of production, service, and sales workers who spend more than 80 percent of their time performing supervisory activities are classified separately in the appropriate supervisor category, since their work activities are distinct from those of the workers they supervise. First-line managers are generally found in smaller establishments where they perform both supervisory and management functions, such as accounting, marketing, and personnel work."
:):):)
Thanks,
Ishwar
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amulchandra
02-22 06:35 PM
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
Can you please give some specific examples? If the IOs at POE are going to decide the admissibility of a person based on his/her job demand and availability of US citizens for that job, what the heck is DOL for? Why we need LCAs at all?
To the best of my knowledge the IOs at POE do not decide the admissibility of a person based on his educational back ground ,demand for the job he/she is doing or the availability of US citizens. That job is done by USCIS,DOL and the genuineness of the candidate is checked by the visa issuing consulate. Th IOs at POE check whether the person is otherwise inadmissible into US (Visa validity,Candidate's intention to work for the same employer and criminal/background checks).
Please stop spreading rumors.
Thank you
amulchandra
Do not want to spread the panic but ....Be careful..
- good luck
kris
Can you please give some specific examples? If the IOs at POE are going to decide the admissibility of a person based on his/her job demand and availability of US citizens for that job, what the heck is DOL for? Why we need LCAs at all?
To the best of my knowledge the IOs at POE do not decide the admissibility of a person based on his educational back ground ,demand for the job he/she is doing or the availability of US citizens. That job is done by USCIS,DOL and the genuineness of the candidate is checked by the visa issuing consulate. Th IOs at POE check whether the person is otherwise inadmissible into US (Visa validity,Candidate's intention to work for the same employer and criminal/background checks).
Please stop spreading rumors.
Thank you
amulchandra
more...
IN2US
03-17 11:21 AM
Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
no offense but the above doesn't make any sense what so ever, so does majority of your posts.
and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.
Peace :)
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
no offense but the above doesn't make any sense what so ever, so does majority of your posts.
and stop pretending to be a guru on immigration issues and leave the analysis part to the real experts.
Peace :)
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GCwaitforever
06-03 11:08 PM
Sen. Sessions relied on Heritage Foundation report (Robert Rector) extensively. Does any body know the history of Heritage Foundation and who is the engine behind it?
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r2i2009
09-22 05:01 PM
Well said guys.....I do not know why this thing hangs around me with me having EAD. EAD is just like GC with some restrictions. Why should I worry?
Keep running life as usual. Just think people at the back of you?
Keep running life as usual. Just think people at the back of you?
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Chiwere
07-29 08:07 PM
Conchshell raised a valid point, but instead of seeking cooperation we should try to neutralize CHC - oppose any potential relief to illegals. It is about time we paid them back in the same coin.
more...
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mantagon
07-24 12:32 PM
Did you say your H1 was valid till Feb 2009? In that case, at this point, you are out of status.
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
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Jeff Wheeler
11-26 09:00 PM
Honestly, what does it even matter if it is MS biased? He works at MS, and has every right to focus on that content. :P
more...
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looneytunezez
04-08 04:17 PM
Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
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trramesh
11-19 07:55 AM
If you know any of your friends that qualify for the survey but have not participated, pls ask them to fill it in. The more data we have, the more it is to our advantage.
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Joybose
08-14 02:58 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
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bach007
11-27 01:35 PM
Originals of these have to be mailed first right? Do we need to carry copies of these on day of interview????
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YesGC_NoGC
06-20 01:34 PM
Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.
However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.
I am looking at looking at options...let's see what is the outcome.
Thanks
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.
I am looking at looking at options...let's see what is the outcome.
Thanks
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
ImmiLosers
09-26 12:22 AM
1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
YES YES YES - go ahead screw your smalltime employer
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
YES YES YES - go ahead screw your smalltime employer
gc_chahiye
08-06 11:41 AM
on 2nd july itself, USCIS received 55k applications(including family) and by 27th july the no rose to 75k.
can you post a link please? I must have missed this article. Was this a USCIS press release or a comment in some interview? Post a URL please...
can you post a link please? I must have missed this article. Was this a USCIS press release or a comment in some interview? Post a URL please...
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