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mkumar
10-09 11:46 AM
Great to see some activity in Arizona. I am in Phoenix and will show up for a meet and greet!
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Munna Bhai
01-10 02:46 PM
I filed my I-140 and I-485 concurrently on July 6th, 2007
Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.
My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.
When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.
So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.
I am in the EB-3 category.
bump
Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.
My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.
When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.
So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.
I am in the EB-3 category.
bump
sheela
08-06 12:35 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Congrats!!!
Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.
Congrats!!!
Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.
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rockyrock
07-28 09:53 AM
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....
more...
waitnwatch
07-17 08:36 PM
The first part looks like a standard blurb.........The second part is the reply and you should be happy that they have taken cognizance of your situation. Hopefully you'll receive the fingerprinting notice in the mail soon.
Good luck
Good luck
CaliHoneB
01-24 03:10 PM
May be my assumption is incorrect but shouldn't India and china receive same numbers for Eb3?
Eb3 China received 3676 vs Eb3 India 3036.
is this difference because of the number of dependents? Any comments?
Cheers
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Eb3 China received 3676 vs Eb3 India 3036.
is this difference because of the number of dependents? Any comments?
Cheers
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
more...
jonty_11
03-28 03:27 PM
hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
i know so close yet so far...that is the story of most here...so no surprises...
U r just in the last throes...hang in there...
How USCIS works is not worth discussing...u can never get an answer from them even if u sue them.
I know of people who got GC in 2001 in 6 months (from india) while my labor took forever...who can explain that (same state, same Company)....its just not worth the headache.....at th eend of it all its still a lottery
i know so close yet so far...that is the story of most here...so no surprises...
U r just in the last throes...hang in there...
How USCIS works is not worth discussing...u can never get an answer from them even if u sue them.
I know of people who got GC in 2001 in 6 months (from india) while my labor took forever...who can explain that (same state, same Company)....its just not worth the headache.....at th eend of it all its still a lottery
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needhelp!
04-10 05:27 PM
Please continue to post bugs and suggestions.
more...
gc_chahiye
07-26 11:17 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
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otovarm@hotmail.com
03-03 12:29 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
more...
fcres
08-09 10:19 AM
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
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sanojkumar
08-21 12:09 PM
"Would it be too much to ask, now that you are happy that your checks are cashed, to show some appreciation for IV by performing tasks at the state chapter level?
Since I lead the IL state chapter, do you want to help out now that you are in Chicagoland region?
"
Send me any task if you are over burdend. Although we have just moved this weekend, even then I will be happy to do something.
Since I lead the IL state chapter, do you want to help out now that you are in Chicagoland region?
"
Send me any task if you are over burdend. Although we have just moved this weekend, even then I will be happy to do something.
more...
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Neocrack
04-19 11:31 PM
I had the same situation:
1. On the application form list your parents name as you want it. They will print the new name on the renewal passport. (I was not asked for any additional documents)
2.To add your spouses name on the passport you will have to give a copy of the marriage certificate and your spouses passport as part of the application form (I had applied in person).
1. On the application form list your parents name as you want it. They will print the new name on the renewal passport. (I was not asked for any additional documents)
2.To add your spouses name on the passport you will have to give a copy of the marriage certificate and your spouses passport as part of the application form (I had applied in person).
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vallabhu
07-03 03:35 PM
First question
Is your existing H1 still valid and how many days you you have on that.
You have two scenarios here
1) H1 approved while u r in Mexico
2) H1 approved after comming back to US
1)
if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back
Second is safest bet for you.
Is your existing H1 still valid and how many days you you have on that.
You have two scenarios here
1) H1 approved while u r in Mexico
2) H1 approved after comming back to US
1)
if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back
Second is safest bet for you.
more...
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saibaba
12-04 12:01 PM
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
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billu
08-20 02:10 PM
4. An apology from USCIS for the delay!!
i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
more...
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Eternal_Hope
12-21 06:30 AM
I think she should be apprised of pains in getting green cards for skilled workers from India, by ImmigrationVoice.
Quote from the TOI news article:
"Amrit Singh has kept a low-profile in the case so far although she handles ACLU's Immigrant Rights Project".
Unquote
How should we reach out to her? But then again, if ACLU is not in the good books of the present government would aligning with them actually harm our case (although I don't know what more harm can come upon us after we were all thrown under the (omni)bus ..........)
----------------------
Member Texas IV
Quote from the TOI news article:
"Amrit Singh has kept a low-profile in the case so far although she handles ACLU's Immigrant Rights Project".
Unquote
How should we reach out to her? But then again, if ACLU is not in the good books of the present government would aligning with them actually harm our case (although I don't know what more harm can come upon us after we were all thrown under the (omni)bus ..........)
----------------------
Member Texas IV
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still_waiting
05-18 11:33 AM
It's working for me.... report covered issues very well .
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paulinasmith
08-05 12:54 PM
Hi guys, I am trying to understand this whole process and was wondering if you could help me out.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
Even if u are born in Europe the EB-3 priority date of India and Europe are equal/same. EB-3 no longer depend upon your place of Birth.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
Even if u are born in Europe the EB-3 priority date of India and Europe are equal/same. EB-3 no longer depend upon your place of Birth.
raysaikat
08-15 11:08 AM
Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?
No. You need to stay with your "latest" employer (with whom the job description should be same or similar to the job offered by the original GC sponsor).
No. You need to stay with your "latest" employer (with whom the job description should be same or similar to the job offered by the original GC sponsor).
bluez25
07-16 04:24 PM
I did submit through mail when I applied last year and it took for ever. My personnel preference DO NOT try that option. They atleast need 45 to 60 days for the PCC to be issued.
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