BharatPremi
10-10 12:10 PM
Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
EB3_SEP04
09-05 08:13 PM
Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
arihant
04-03 11:11 AM
Hi,
Found the following in Mathew Oh's website (please see the bottom of my post for it). I will be sending him an email to a) enquire the DOL about increased transparency on its backlog reduction efforts, b) qualify the gif image in the DOL's website stating the elimination of all backlog in 19 months.
My question is whether any of the core IV members have access to this conference? If so, it might be a wonderful opportunity to ask the officials key questions that relates to some of our goals. Whether they will answer them to our satisfaction is a different story. But, atleast we can ask them. Just a thought.
Here is the quote from Mathew Oh's website:
The AILA annual conference will be held in San Antonio from June 21 through June 24, 2006. It is the annual convention of immigration lawyers nationwide, immigration department leaders, State Department officials, Labor Department officials, and other involved entities and orgnizations. This reporter will attend this meeting as he has been doing for over 20 years. Every year, this reporter asked our readers to send him e-mails to indicate the issues which the readers consider critically important at this point of time. Such e-mails help the reporter to focus on the selected issues and try to explore or collect information on the issues. Obviously, the questions should not be related to any individual cases or individual situations. We will convene in the San Antonio Convention Center. This will be the third visit to this city for this reporter. San Antonians, if you see this reporter on the street, please say hello to him!
Found the following in Mathew Oh's website (please see the bottom of my post for it). I will be sending him an email to a) enquire the DOL about increased transparency on its backlog reduction efforts, b) qualify the gif image in the DOL's website stating the elimination of all backlog in 19 months.
My question is whether any of the core IV members have access to this conference? If so, it might be a wonderful opportunity to ask the officials key questions that relates to some of our goals. Whether they will answer them to our satisfaction is a different story. But, atleast we can ask them. Just a thought.
Here is the quote from Mathew Oh's website:
The AILA annual conference will be held in San Antonio from June 21 through June 24, 2006. It is the annual convention of immigration lawyers nationwide, immigration department leaders, State Department officials, Labor Department officials, and other involved entities and orgnizations. This reporter will attend this meeting as he has been doing for over 20 years. Every year, this reporter asked our readers to send him e-mails to indicate the issues which the readers consider critically important at this point of time. Such e-mails help the reporter to focus on the selected issues and try to explore or collect information on the issues. Obviously, the questions should not be related to any individual cases or individual situations. We will convene in the San Antonio Convention Center. This will be the third visit to this city for this reporter. San Antonians, if you see this reporter on the street, please say hello to him!
kevnss
03-18 03:06 PM
Yesterday I went to SSN Administration office to apply SSN for my wife to get the tax rebate, you definitely need EAD if that person doesn't have work permit. So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier. Hope this will answers your question. Regarding the tax rebate, you have to have SSN to qualify, so that's the main reason I went to SSN administration office for my wife.
more...
h1b_tristate
07-27 08:02 PM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
more...
alkg
09-24 03:43 PM
don't worry be happy
sgupta33
08-24 03:49 PM
The RFE should state how long you have to submit a response. I received an RFE on my I-140 application and was given two weeks to respond (but I had requested premuim processing so that may be why it was only two weeks) - this information was indicated on the RFE. Ask your attorney for a copy of the RFE, if you don't have it.
Hope this helps.
Hope this helps.
more...
mariner5555
07-17 08:25 PM
just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ?? also I would urge all members to be active with IV ..till we get citizenships and even after that ..spread the word !! if we are united we can get things done ...
r_mistry
01-18 02:41 PM
Thanks for responding !!!
more...
JSimmivoice
01-24 05:51 PM
Ann & Others, thanks for your valuable inputs, My visa stamp on my passport expired last week but I do have a valid extended I-94 from my extended H1 petition. So I'm getting the option from Company A to go US Consulate in Abroad, get restamped based on my current valid H1 Petition from Company A and enter US using it and join Company A directly which will clear all problems including the unauthorized employment.
jai_immigration
04-30 03:51 PM
I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
more...
peer123
04-04 01:05 PM
bumping again... my apologies...
tulips
05-25 08:52 AM
Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?
more...
cox
June 18th, 2005, 07:51 PM
Boy, you really get up early! I'm still in bed when the sun's rising :p ... The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) ... benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.
Dawn is the best light in my opinion, especially here in central California, where the marine layer often ruins the sunset. Also, I don't sleep much... I am apalled by your metaphor (yet also strangely excited)! :D I have CS2 installed, so I can start nudging curves, and will start with the rainbow.
(and having a good friend!)
Bob, all I can say is, Aw Shucks... Come visit and I'll let you use the lens :)
Dawn is the best light in my opinion, especially here in central California, where the marine layer often ruins the sunset. Also, I don't sleep much... I am apalled by your metaphor (yet also strangely excited)! :D I have CS2 installed, so I can start nudging curves, and will start with the rainbow.
(and having a good friend!)
Bob, all I can say is, Aw Shucks... Come visit and I'll let you use the lens :)
shaikhshehzadali
12-28 02:04 PM
They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?
Look for the first news item posted today at : http://www.immigration-law.com/Canada.html
Why did u give a negative marking for that?
Look for the first news item posted today at : http://www.immigration-law.com/Canada.html
Why did u give a negative marking for that?
more...
smuggymba
07-28 01:14 PM
Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
mali03
05-25 08:04 AM
called LINDSAY GRAHAM'S office!
a_yaja
05-03 10:44 AM
Hi Guys,
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.
Smooth. What a surprise.
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
My experience with driver's license renewal in Ohio with EAD/expired-H1 was a pleasant surprise.
All I said was that I was a green card applicant, showed them my I-485 application receipt, and got a license valid for 4 years.
Smooth. What a surprise.
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
greenlight
02-18 05:02 PM
go to USCIS cases status page and create an online profile. Then you can add any immigration cases by case number to your protfolio. Once you do that, you can see the Last Updated date everytime you login. Everytime you get status change on your case, the LUD will change. But sometimes, LUD will change without any visible change on your status (known as "soft LUD").
Soft LUD can happen due to routine processing of your case (for example, they update results on FBI namecheck, fingerprint, etc.) or could be generated completely randomly due to general system updates. So LUDs should be taken with a grain of salt.
Hopefully that is a complete glossary of everything LUD.
Thank you very much!
Soft LUD can happen due to routine processing of your case (for example, they update results on FBI namecheck, fingerprint, etc.) or could be generated completely randomly due to general system updates. So LUDs should be taken with a grain of salt.
Hopefully that is a complete glossary of everything LUD.
Thank you very much!
raj3078
04-27 11:08 AM
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
Pappu,
This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:
Pappu,
This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:
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