mallu
10-18 01:01 AM
EB2 RIR/India
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006
It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....
Any suggestion in this regard is highly appreciated !!!!
Your application may be just sitting in their shelf because of name hits. The "in process" letter that FBI sends doesn't indicate much. Depending on how popular one's name is one might be in the namecheck hole for 4+ years.
PD: Nov 2001
Labor Certification: March 2006
I-140: Approval April 2006
I-485 -May 2006
Finger Printing: June 2006
It took almost 4 1/2 years to get the labor certification and now its almost 17 months since my I-485 is pending approval. Took the path of writing to the FL, State Senator, Local Congressman and was fortunate to receive their response suggesting that its stuck in the namecheck stage and will have to wait for it to be completed. It has become a nightmare.... The only update in my case used to be whenever I initiate a service request. Now what is that which I can do to come out of this riddle....
Any suggestion in this regard is highly appreciated !!!!
Your application may be just sitting in their shelf because of name hits. The "in process" letter that FBI sends doesn't indicate much. Depending on how popular one's name is one might be in the namecheck hole for 4+ years.
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NKR
01-31 10:03 AM
I just voted.
Thanks
Thanks
sameet
02-12 12:53 PM
You can keep your PD if your 140 is approved from your current employer. I know of a person who did this succesfully.
Can you please elaborate on how this can be achieved? I curently have an approved 140 and am stuck in EB3 retrogression.
Can you please elaborate on how this can be achieved? I curently have an approved 140 and am stuck in EB3 retrogression.
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smartboy75
09-29 01:37 PM
I have come across some cases where GC aplication I140 was reopened after being approved. So this is no surprise. While I could not find the reasons fully in many cases, why cases were reopened as people tend to hide the true reasons. I think for GC applications the reasons may have included-- suspicion of fraud/complaint against the employer/Ability to pay after seeing more GC applications in the same company and thus reopening past cases/Bona fide intension of the employee to join the company after seeing some irregularity in the immigration applications/too many GC applications or H1B applications from the same company and thus a red flag for an H1B dependent employer.
The best solution in such cases is to first find out the reasons and weakness in your case. Each case is different and one cannot generalize. So each applicant will know their reasons. If the case is reopened, then don't panic. But if you get an RFE, the immediately contact a good lawyer and answer it.
Thanks Pappu.
I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.
As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.
But an H1 which was approved an year ago, I have'nt heard of anysuch thing.
There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....
Lets see what the notice says..and I will update everyone of the findings...
The best solution in such cases is to first find out the reasons and weakness in your case. Each case is different and one cannot generalize. So each applicant will know their reasons. If the case is reopened, then don't panic. But if you get an RFE, the immediately contact a good lawyer and answer it.
Thanks Pappu.
I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.
As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.
But an H1 which was approved an year ago, I have'nt heard of anysuch thing.
There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....
Lets see what the notice says..and I will update everyone of the findings...
more...
illusions
07-15 10:36 AM
done
rajuram
02-05 11:14 PM
H1B visa CAN BE and IS given to teachers. That poster may have had the problem similar to mine and that is having spent 6 yrs in H4, she was ineligible for H1. Let me remind everyone that decoupling of H1/H4 time happened only 2 months ago. Therefore, if the lady in question already possess Bachelor degree (as min requirement for H1) and is otherwise certifiable I dont see a problem for transfer to H1 .
the only problem may be in finding a school district willing to file H1 WELL in advance and accepting the fact that she cannot start working on SEP 1st (when the new school year starts) but OCT 1st.
Topics like these are distractions, please let us not bother IV core with these petty issues. Need of the hour is -- volunteer time or money. I am trying to do the latter with some success.
the only problem may be in finding a school district willing to file H1 WELL in advance and accepting the fact that she cannot start working on SEP 1st (when the new school year starts) but OCT 1st.
Topics like these are distractions, please let us not bother IV core with these petty issues. Need of the hour is -- volunteer time or money. I am trying to do the latter with some success.
more...
validIV
07-17 12:00 PM
I'm not quite getting the second last point of the bill:
Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
Anyone know what that means?
Promoting family unity by allowing more people who are already eligible for an immigrant visa to efficiently use our legal family immigration system.
Anyone know what that means?
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zerozerozeven
12-08 02:02 PM
i sent my comments on change.gov on how the immigration system needs a overhaul
more...
unchew
06-04 07:14 PM
I'm going to do one after I finish with my GCSE studying!
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GCard_Dream
01-31 11:21 AM
If you are not using a sub labor and filing 140 in a week or so, there is nothing for you to worry about.
Thanks for the reply.
I am not using substitution labor. I do not condone any one who does it for monetary reasons.
So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?
Thanks for the reply.
I am not using substitution labor. I do not condone any one who does it for monetary reasons.
So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?
more...
pbojja
10-03 11:38 AM
^^
That is not really an answer, you know?
I have been a long time passive audience in this joint and now I am voicing my opinion with a logical and polite discussion. What's with the god forgiving my ignorance, if any?
Ok here is my question how come all EB3 are "body shopped consulants" and what are EB2 ? "High profiled consulatants" ? I want to know what is gctest ?
there is nothing wrong in expressing but taking a category and calling them body shoped is not the right way to express ...
you think you are having a logical and polite conversation - thats the ignorance part .
That is not really an answer, you know?
I have been a long time passive audience in this joint and now I am voicing my opinion with a logical and polite discussion. What's with the god forgiving my ignorance, if any?
Ok here is my question how come all EB3 are "body shopped consulants" and what are EB2 ? "High profiled consulatants" ? I want to know what is gctest ?
there is nothing wrong in expressing but taking a category and calling them body shoped is not the right way to express ...
you think you are having a logical and polite conversation - thats the ignorance part .
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mirage
03-11 09:46 AM
In my opinion USCIS will not give inaccurate information, in writing, to a Senator. The letter clearly mentions 'Application Pending for India'...
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
more...
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sri1309
01-08 05:03 PM
Immigration-law.com says today"
Sen. Sherrod Brown [OH] Joined Yesterday the List of Co-Sponsors for S.9 Immigration Bill, Changing Co-Sponsors to 13 Senators".
Lets start writing to all the supporters once again. HIghlight housing crisis, also can request premium processing for 485. Make sure we show the immediate and long term benefits. As somene noted, tell that to keep people when they are young enough and not to drive them aaway with their citizen children only to return when they are all 50-55+ of age, with more chances to depend on SSN, than to contribute
Sen. Sherrod Brown [OH] Joined Yesterday the List of Co-Sponsors for S.9 Immigration Bill, Changing Co-Sponsors to 13 Senators".
Lets start writing to all the supporters once again. HIghlight housing crisis, also can request premium processing for 485. Make sure we show the immediate and long term benefits. As somene noted, tell that to keep people when they are young enough and not to drive them aaway with their citizen children only to return when they are all 50-55+ of age, with more chances to depend on SSN, than to contribute
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maine_gc
07-11 05:54 PM
Please Pm me your e-mail address and ph number so that I can send you the phone list and explain the data.
thanks,
gsc
gsc999
just now sent you a PM. Send me the details
Thanks
thanks,
gsc
gsc999
just now sent you a PM. Send me the details
Thanks
more...
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garamchai2go
12-14 06:04 AM
It is very important to put proper subject in your e-mail. Please refer to the chennai consulate website for more information. Because of the volume of e-mails they'll be getting, they don't respond to normal e-mails. I got the response the next day. I don't know if i am a isolated case but it doesn't hurt to follow the instructions in the website.
The email response I got from consulate says following:
>>>
Thank you for your e-mail.
Our records show that because of the recent changes implemented in processing the H1b visas, your cases are being delayed. Your petition information has to be verified in the PIMS database before the visa could be adjudicated. It will take approximately another 5 more work days. Thank you for your patience.
>>>
Then I called the consulate officer and she told me that if I dont recieve passport by next Wednesday, then give a call. My case is not complicated..no issues with H1..no questions asked about my employer..just only about my spouse AOS..and I have AP, EAD which means they should have my background information already. I feel like I unnecessarily went to visa stamping. It is taking more than 2 weeks, after visa stamping, to get passport back..so going to India for 1 month vacation with visa plans is very risky..
Will let you know once i receive my passport.
The email response I got from consulate says following:
>>>
Thank you for your e-mail.
Our records show that because of the recent changes implemented in processing the H1b visas, your cases are being delayed. Your petition information has to be verified in the PIMS database before the visa could be adjudicated. It will take approximately another 5 more work days. Thank you for your patience.
>>>
Then I called the consulate officer and she told me that if I dont recieve passport by next Wednesday, then give a call. My case is not complicated..no issues with H1..no questions asked about my employer..just only about my spouse AOS..and I have AP, EAD which means they should have my background information already. I feel like I unnecessarily went to visa stamping. It is taking more than 2 weeks, after visa stamping, to get passport back..so going to India for 1 month vacation with visa plans is very risky..
Will let you know once i receive my passport.
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GCmuddu_H1BVaddu
04-09 03:26 PM
Can you guys drown me in red please. more reds.
Thanks for everybody's hard work on giving me reds
Thanks for everybody's hard work on giving me reds
more...
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rheoretro
09-13 02:45 PM
Folks,
I am speaking in my personal capacity here. While I am all for freedom of expression and assembly, I don't think that rallies will in any way help our cause. We have to talk to people and participate in various forums to make them aware of our cause. Standing and protesting is not going to help us, because our voice will still be lost in the din...we need to speak where it matters and be heard where it matters...
RR
I am speaking in my personal capacity here. While I am all for freedom of expression and assembly, I don't think that rallies will in any way help our cause. We have to talk to people and participate in various forums to make them aware of our cause. Standing and protesting is not going to help us, because our voice will still be lost in the din...we need to speak where it matters and be heard where it matters...
RR
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ilikekilo
05-24 10:14 PM
[QUOTE=ilikekilo]
the link i saw also said 8500, but that did change on the floor at the last moment to 5,000. will get updated eventually
by the way i forgot to add- everyone exempt from the 1500 is exempt from the 5000 also- educational, ngo, not for profit etc
ok let me get clarified, here paskal, so iam already on h1b 4th year my h1b 6 years will expire in nov 2009. sor u saying that enxttime i renew my visa i dont have to pay $5000.:confused:
the link i saw also said 8500, but that did change on the floor at the last moment to 5,000. will get updated eventually
by the way i forgot to add- everyone exempt from the 1500 is exempt from the 5000 also- educational, ngo, not for profit etc
ok let me get clarified, here paskal, so iam already on h1b 4th year my h1b 6 years will expire in nov 2009. sor u saying that enxttime i renew my visa i dont have to pay $5000.:confused:
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gctex
02-11 05:06 PM
I did paid consultation to find answer to this question with murthy office. As per them, one can do transfer and extension of H1B even after using AP as long as the current I-797 is still valid.
You mean a future employer can transfer and extend my H1 even after I entered on AP, right ?
That would be great news. But on this very forum I did read some posts which mentioned this wasn't possible.
You mean a future employer can transfer and extend my H1 even after I entered on AP, right ?
That would be great news. But on this very forum I did read some posts which mentioned this wasn't possible.
53885
05-24 01:06 PM
Awesome,
"...impose a new $8,500 surcharge on employers for each H-1B petition filed...."
I wonder how many companies would sponsor H1B instead of outsourcing work if the USCIS/Legal fees of one H1B would be $15,000.
http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809
"...impose a new $8,500 surcharge on employers for each H-1B petition filed...."
I wonder how many companies would sponsor H1B instead of outsourcing work if the USCIS/Legal fees of one H1B would be $15,000.
http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809
Pineapple
02-02 09:59 AM
Any talk of "comprehensive bill" give me a sinking feeling..
Sink
...
..
Sink
.
(blub.. blub)
The SKIL Bill is a proposed piece of legislation that would increase the
number of H-1Bs and green cards. It is included in the comprehensive
immigration bill Congress is likely to consider this spring and will
hopefully pass in the fall.
Sink
...
..
Sink
.
(blub.. blub)
The SKIL Bill is a proposed piece of legislation that would increase the
number of H-1Bs and green cards. It is included in the comprehensive
immigration bill Congress is likely to consider this spring and will
hopefully pass in the fall.
