gc_lover
07-18 09:19 AM
some applications have already been rejected, mostly on July 2nd but a very few.
Do you know if these applications were send back right away or they are still holding it?
Where did you get this information, can you please post the source?
Do you know if these applications were send back right away or they are still holding it?
Where did you get this information, can you please post the source?
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rsayed
11-20 11:13 PM
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
a_yaja
01-31 02:24 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.
Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.
You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.
Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.
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delax
07-19 08:55 PM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
more...
GCBy3000
04-04 04:58 PM
http://www.aila.org/content/default.aspx?docid=22027
indianindian2006
07-14 05:35 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.
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?
Could you inform us what your Eb category is and what is your priority dates.
TIA
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.
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?
Could you inform us what your Eb category is and what is your priority dates.
TIA
more...
wizkid732
07-30 07:47 AM
It is a painful long journey. Remember there are always alternatives, just be prepared and dont put all your eggs in one basket. I did that once GC, House and School all supported by one job and when I was laid off all came crashing.
I wish you all the very best.
15 years is too long. Khudos to you
I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.
FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.
I wish you all the very best.
15 years is too long. Khudos to you
I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.
FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.
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rghangrekar
02-20 04:05 PM
Congrats to Eb2 dudes.....hopefully EB3 will not fall very behind. I am hoping Eb3 keeps moving and gathers pace...
more...
vandanaverdia
09-11 12:54 PM
The road to GC is not easy...
Support IV & come to DC!!
Lets get together & support a common cause...
Go IV!!!!
Support IV & come to DC!!
Lets get together & support a common cause...
Go IV!!!!
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ambals03
06-10 04:39 PM
Done and forwarded to 10 friends.
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ashwin_27
02-28 03:09 PM
I am flying in from California on Sunday (april 3rd morning) and will be flying back on tuesday evening (flight departs 5 Pm - could not get red-eye) from DCA (Reagan DC Natl Airport).
Was planning to rent a car anyway for Sunday (to attend orientation and other personal errands). Holding off on renting car for Mon/Tue depending on car pool and other commute options. Will be staying with a host from this forum.
Look forward to syncing up with other folks in the same boat.
Was planning to rent a car anyway for Sunday (to attend orientation and other personal errands). Holding off on renting car for Mon/Tue depending on car pool and other commute options. Will be staying with a host from this forum.
Look forward to syncing up with other folks in the same boat.
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snakesrocks
09-10 06:16 PM
Hey Yall,
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
The House Judiciary Committee today completed mark up of four immigration bills:
H.R. 6020 would provide immigration benefits for immigrant soldiers and their families; (Rep. Zoe Lofgren, D-CA and Rep. Mac Thornberry R-TX)
H.R. 5882 would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays; (Rep. Zoe Lofgren, D-CA and Rep. F. James Sensenbrenner, Jr., R-WI)
H.R. 5924 would provide 20,000 employment-based visas per year for three years specifically for nurses; (Rep. Robert Wexler, D-FL and Rep. F. James Sensenbrenner, Jr., R-WI)
HR 5950 would ensure basic medical care for immigration detainees; (Rep. Zoe Lofgren, D-CA and Rep. Lincoln Diaz-Balart, R-FL)
These bills now must await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.
There is no assurance that any of these bills will make it to the floor of the House for a vote. If one or more of them should pass, the Senate would have to act very quickly as there are no parallel Senate measures pending.
While this is a positive step forward, the odds remain heavily against passage of any of these as "stand alone" legislation this year.
__________________
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
The House Judiciary Committee today completed mark up of four immigration bills:
H.R. 6020 would provide immigration benefits for immigrant soldiers and their families; (Rep. Zoe Lofgren, D-CA and Rep. Mac Thornberry R-TX)
H.R. 5882 would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays; (Rep. Zoe Lofgren, D-CA and Rep. F. James Sensenbrenner, Jr., R-WI)
H.R. 5924 would provide 20,000 employment-based visas per year for three years specifically for nurses; (Rep. Robert Wexler, D-FL and Rep. F. James Sensenbrenner, Jr., R-WI)
HR 5950 would ensure basic medical care for immigration detainees; (Rep. Zoe Lofgren, D-CA and Rep. Lincoln Diaz-Balart, R-FL)
These bills now must await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.
There is no assurance that any of these bills will make it to the floor of the House for a vote. If one or more of them should pass, the Senate would have to act very quickly as there are no parallel Senate measures pending.
While this is a positive step forward, the odds remain heavily against passage of any of these as "stand alone" legislation this year.
__________________
more...
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Naveen
04-07 08:12 AM
Well said! I came back first week of Feb 09 and no issues. Just usual jibber-jabber.
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
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reddog
07-24 09:44 AM
As in, if you have a delivery confirmation from Fedex/UPS does it have any significance? It is still not clear if it will be accepted/ rejected AFAIK.
Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?
More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.
This is probably about those people whose packets were returned by USCIS, I know someone whose packet was returned. These people will have to refile(ofcourse). They could not have rejected a case filed on July 2nd(too less a time to open and see if the required documents are in order).
Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?
More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.
This is probably about those people whose packets were returned by USCIS, I know someone whose packet was returned. These people will have to refile(ofcourse). They could not have rejected a case filed on July 2nd(too less a time to open and see if the required documents are in order).
more...
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06-11 12:02 PM
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jcmenon
07-24 09:31 AM
I totally agree with you. Lets go allout for this. We have to convince this first to IV core to take this up with priority then only we can pursue this with USCIS.
more...
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09-10 11:44 AM
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Legal
07-20 10:38 PM
I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
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obviously
07-13 10:17 AM
Permit me to call out the grossly misguided emotions I've seen in this thread.
We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.
Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?
This shallowness illustrates the deep void in vision and a decidedly insular world view.
I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.
And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.
However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.
Cheers!
We have a co-alum of the DHS Secy sending a detailed, cogent and EASY TO READY letter pleading for our cause and yet we diss her.
Sheela Murthy might be different things to different people. Reality is that she is agent of capitalism JUST AS WE ARE. Then, why take a holier than thou attitude and arbitrarily attribute nefarious intentions to her actions?
This shallowness illustrates the deep void in vision and a decidedly insular world view.
I would urge IV members to THANK Sheela Murthy for her cogent articulation of the human impact of this disastrous situation and ask her to continue to support the cause through various means.
And by the way, I am NOT a client and that should make no difference in the quest for objective realization that there are shared interests at play.
However, I AM a trained negotiator and conflict mediator (apart from being a co-author of a mediation model) and hence from that perspective would aver that such realization of shared gains are what ADD VALUE to a discussion.
Cheers!
WeldonSprings
08-27 11:16 AM
Anybody has numbers for No. of EB Visas processed for June ad July 08. Till May 08 total 113475 has been processed. So, total remaining would be 50000.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
americandesi
12-24 01:46 PM
Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351