hopefulgc
10-15 04:35 PM
^^
This is exactly what we need. Let us get going on this people.
Nixstor, a suggestion ... maybe add a poll to this so we can track how many have sent this letter.
IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Megaupload (http://www.megaupload.com/?d=ERDT5F3P) or Google docs (http://docs.google.com/View?docid=ddkc5z3x_1f5nvp5gm) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and mail it
This is exactly what we need. Let us get going on this people.
Nixstor, a suggestion ... maybe add a poll to this so we can track how many have sent this letter.
IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Megaupload (http://www.megaupload.com/?d=ERDT5F3P) or Google docs (http://docs.google.com/View?docid=ddkc5z3x_1f5nvp5gm) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and mail it
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sledge_hammer
07-01 03:42 PM
pappu and logiclife, you said you'll give us an update on the situation, we are waiting.
Thanks!
P.S: I don't mean to ask this question in a bad way!
Thanks!
P.S: I don't mean to ask this question in a bad way!
gc_chahiye
06-03 06:30 AM
check with your company attorneys, this is serious stuff.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
From what I understand:
> 1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and
> the day I'm going to enter US so that I can stay in US for another 6 years on
> H1-B. Is my understanding correct?
correct. Technically your company can file a PERM LC right now, and you can start in October (so the year after, you can get an H1 extension based on this LC), however its much much better for you to maintain this gap and start a new H1 (its easier to change jobs when you are not dependent on extensions: you get 6 full years)
> 2) Is it OK to go for VISA staming before 6-Jan-08?
yes, stamping does not matter. You can get that done anytime though its recommended to get it done close (30-60 days) to your date of travel. If you get it done now, and travel on Jan 7th, make sure you carry an updated offer letter from your company in the US, reconfirming that the position is still open for you.
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drona
07-09 03:14 PM
Way to go Gabriela!
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pkak
07-13 11:45 AM
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
I agree
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
Where the visa numbers in Oct'08 will be will depend on how proactive IV is.
Here is my take on the situation.
DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.
Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.
Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.
See my analysis:
I agree
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)
If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).
If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.
ArunAntonio
04-20 04:04 PM
I would like to volunteer.
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
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mihird
07-09 10:37 PM
I think, we should all follow this lawsuit closely...if it gets accepted for trial in Illinois, I am seriously considering filing one myself in California...on similar grounds..
There are several attorneys who would be willing to file a lawsuit no cost with the understanding that any monetary benefits if won, be split with them....
Likewise, I think, others should stand up and consider filing separate law suits in different states....the more law suits get filed, the more media/people/congressmen attention this issue will get...
There are several attorneys who would be willing to file a lawsuit no cost with the understanding that any monetary benefits if won, be split with them....
Likewise, I think, others should stand up and consider filing separate law suits in different states....the more law suits get filed, the more media/people/congressmen attention this issue will get...
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nixstor
07-03 02:26 PM
this does happen- for people in the US already. larger companies find it convenient to simply send the employee out for asactly 365 days and then transfer them back. and Viola! you are in the front of the line!
all legal...but one of the various problems that cause the system to be clogged.
I am not debating it whether it can happen at all or not, whether its right or wrong. I should have worded it better in my previous post. It can happen, but not many who are already in the US do this. If it were equally rampant like the labor substitution, EB1 cannot be current for long time. While some one can go this route, they are paying a significant amount of Salary (possibly Spouse's salary as well), Family upheaval for an year and many other things as a premium. Not all people have the chance to do so and can afford to do so, if they have a chance. We are not seeing any clogs in EB1. Are we?
all legal...but one of the various problems that cause the system to be clogged.
I am not debating it whether it can happen at all or not, whether its right or wrong. I should have worded it better in my previous post. It can happen, but not many who are already in the US do this. If it were equally rampant like the labor substitution, EB1 cannot be current for long time. While some one can go this route, they are paying a significant amount of Salary (possibly Spouse's salary as well), Family upheaval for an year and many other things as a premium. Not all people have the chance to do so and can afford to do so, if they have a chance. We are not seeing any clogs in EB1. Are we?
more...
Ramba
07-14 05:52 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
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ashkam
07-24 11:17 AM
I'm not sure what the controversy is : The I-485 application instructions clearly say (http://www.uscis.gov/files/form/i-485instr.pdf) that for an employment-based (I-140 based) AOS application, you have to provide the employment offer letter as initial evidence.
"Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid."
"Employment Letter.
If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you. The letter must also state the salary that will be paid."
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feedfront
10-07 02:53 PM
My packet delivered to mailroom today morning at 9:07 by UPS. And just now at 2:48 got page and checked online status and its says they issued RFE again?
�On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�
Not sure whether it�s their system glitch or it�s my luck... :confused:
Is it happen to anyone else or it�s me?
I hope it is just system/human glitch.
�On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�
Not sure whether it�s their system glitch or it�s my luck... :confused:
Is it happen to anyone else or it�s me?
I hope it is just system/human glitch.
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jcmenon
07-24 04:19 PM
Guies,
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.
That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.
But any way it is a waste of time.
more...
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MahaBharatGC
10-22 04:40 PM
:p
All - plz take it easy as this is solely individual opinion.
When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented country...it is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.
It is good to debate between one another but let us have plans to how to deal for our existence...
All - plz take it easy as this is solely individual opinion.
When a country is prospering means the jobs are getting created. That is what happened until Clinton Era. But I know that this cannot be forever. Every field is going to reach the peak, falls back and hopefully straightens.
Our IT field is somewhat dependent on other industries to create jobs. So, if other industries are all shipping the operations to foreign soil or loosing steam due to competition in free trade how well a country can prosper. You cannot have 100% service oriented country...it is only possible for small countries like Singapore...but not for big countries like US of A where they have plenty of land.
So, my point here is if you want GC you should have job now (EBn) and future. So, if jobs are getting created then you will have job today and tomorrow too.
So, simply saying "I support immigration" does not mean anything. It could be a REAL political statement like our famous Indian politicians. So, at this time I do not believe nobody as this is all still nacent. once someone takes office, we should be ready to push with our goals in mind.
It is good to debate between one another but let us have plans to how to deal for our existence...
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ajthakur
07-15 02:52 AM
I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
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LONGGCQUE
06-10 03:59 PM
Just sent it Nebraska Senators
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alterego
08-15 10:08 PM
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen.
EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:)
Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.
more...
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bigboy007
06-11 12:54 PM
I wouldn't worry about this.. this bill is in embyonic stage, hundreds of such ridiculous bills are persented each years and they never make it to either house or senate floors for voting. Remember US politicians all the time "propose" or "talk about" such crazy bills to make happy the crazy segment of voters in their constituency and to make a buzz in the media. This is nothing more than Rakhi sawant accusing Mika of kissing. Nothing is going to happen without the full fledge CIR. Anyone believes the country which gives amnesty to illegals every 10-15 years will take such a nasty step and hurt itself ? Just watch in the months ahead what happens to AZ law or rather it's (non)implementation.
can you please answer me why TARP H1B restrictions passed if everything had to be taken up in CIR. after seeing that lengthy explanation from IV Core I cant imagine how come some of us tend to pacify ourselves we are safe for ever. I wish so and its good to be prepared and help ourselves. But looking at the text i see this as part 2 of TARP and many parts on the way ... They are not talking about illegals they are talking about the HOT Topic "JOBS". this is similar attitude we had when TARP restrictions were passed.
can you please answer me why TARP H1B restrictions passed if everything had to be taken up in CIR. after seeing that lengthy explanation from IV Core I cant imagine how come some of us tend to pacify ourselves we are safe for ever. I wish so and its good to be prepared and help ourselves. But looking at the text i see this as part 2 of TARP and many parts on the way ... They are not talking about illegals they are talking about the HOT Topic "JOBS". this is similar attitude we had when TARP restrictions were passed.
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andymajumder
11-10 09:11 PM
I am with you and willng to contribute, but unless we are united and willing to take some action here, there's no hope. Even people who get approved now, never come back to contibute a penny - there has to be some provision of visa recapture.
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apt29
11-11 05:00 PM
Is there any IV member in DC willing take up this task, while we work on document?
The next step is really to get an appointment with the official. We can get signatures/representation much easily.
The next step is really to get an appointment with the official. We can get signatures/representation much easily.
mbawa2574
02-15 02:06 PM
http://www.workpermit.com/news/2007-05-16/us/h-1b-visa-outsourcing-abuse-investigation.htm
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
webm
09-26 10:12 AM
I sent a message to editor!!!
