raj2007
06-14 08:40 PM
lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?
No..you can file later based on pending 485 but why you want to wait to save some bucks.
No..you can file later based on pending 485 but why you want to wait to save some bucks.
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gondalguru
06-20 12:14 AM
I am in the same boat. I have outlined my case in a similar thread posed today.
snathan
07-31 01:23 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you
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like_watching_paint_dry
08-20 10:58 PM
Before I slowly forget all the various pain points from the past, I'm going to add this one detail that people usually neglect:
The new process requires you to deposit a the visa processing fees at a local branch of Nova Scotia Bank and get a deposit slip to submit with the visa application when you go into the consulate. Most banks open at 9 am - 10 am. So if you have an early appointment, be sure to go there the previous business day and get the fees stuff taken care of. If not, you will find yourself scrambling to get this done at the last minute.
The new process requires you to deposit a the visa processing fees at a local branch of Nova Scotia Bank and get a deposit slip to submit with the visa application when you go into the consulate. Most banks open at 9 am - 10 am. So if you have an early appointment, be sure to go there the previous business day and get the fees stuff taken care of. If not, you will find yourself scrambling to get this done at the last minute.
more...
newbee7
07-05 07:26 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
prinive
03-27 11:20 AM
Any one... good news on the way in 48 hours... Any one...:rolleyes:
more...
mhathi
04-30 03:39 PM
Category: EB3 (Regular)
Applied: November 20th, 2006
approved: April 12th, 2007.
Applied: November 20th, 2006
approved: April 12th, 2007.
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gcpool
03-14 09:22 AM
The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
more...
looivy
02-22 03:42 PM
just curious. Are you working for a consulting company?
I do not.
I do not.
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gc_eb2_waiter
03-28 03:25 PM
This is really a great effort to bring all immigration related information under one roof.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
more...
coolmanasip
05-29 01:36 PM
Did you guys get a soft LUD before the RFE? How many days lag if any?
Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?
Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?
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kevinkris
07-29 10:34 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
more...
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singhsa3
04-30 05:11 PM
All,
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.
So far I have the following rational (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Facts
1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.
Assumptions
1. Each labor application uses in 2.2 visas.
2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
3. Total BEC visas requirements 180,000*2.2= 396,000
4. NIW applications are negligible.
5. Retrogressed countries account for 50% of visas used.
Calculations
Scenario 1: Visa processing time is Zero
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521
Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.
What it means:
BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.
Conclusion:
Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
Last update:
Time 11.32 AM ET , 05/01/08.
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.
So far I have the following rational (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Facts
1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.
Assumptions
1. Each labor application uses in 2.2 visas.
2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
3. Total BEC visas requirements 180,000*2.2= 396,000
4. NIW applications are negligible.
5. Retrogressed countries account for 50% of visas used.
Calculations
Scenario 1: Visa processing time is Zero
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521
Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.
What it means:
BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.
Conclusion:
Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
Last update:
Time 11.32 AM ET , 05/01/08.
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India_USA
04-30 09:13 AM
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.c-span.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
Something is happening ...........
Something is happening ...........
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Steve Mitchell
October 12th, 2003, 09:31 PM
I love that dandelion. It has an "otherworlddy" look to it.
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learning01
05-11 01:21 PM
I am trying but I am getting a busy tone.
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glosrfc
01-01 06:42 PM
Is it just an AS 3.0 competition? Otherwise all of us lowly and impoverished AS 2.0 users will have to sit this one out.
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lotsofspace
04-04 04:23 PM
I have e-filed along with spouse new SSN#..no issues...
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
Is it just a simple letter or is there a form ?
We did not get the formal letter when we applied for ITIN. When we called they just gave us the number over phone, so I don't have instructions on what to do with ITIN when you get SSN.
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
Is it just a simple letter or is there a form ?
We did not get the formal letter when we applied for ITIN. When we called they just gave us the number over phone, so I don't have instructions on what to do with ITIN when you get SSN.
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DareYouFireMe
03-09 03:52 PM
For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).
Document URL
http://www.uscis.gov/files/pressrele...22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
Document URL
http://www.uscis.gov/files/pressrele...22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
DSLStart
09-16 02:33 PM
I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
dbevis
October 16th, 2005, 06:53 PM
There was a piece on one of the news shows this AM. A guy still makes Daguerreotypes (the actual plates, from raw materials!) in New York City. Basically that stuff must be like ISO 0.05 because he was making exposures from 30 seconds to 4 minutes, achieving the 'missing people and cars' effect as a result.
Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.
Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.
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