BharatPremi
10-10 12:10 PM
Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
green_card_curious
03-07 06:52 PM
No. I am an environmental engineer working in Consulting Industry (5 journal articles; 4 conference proceedings).
I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
gc_buddy
03-07 04:30 PM
EAD applied at NSC on 12/06.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.
alisa
06-10 10:42 PM
Backlog Elimination Centers
:)
:)
more...
renupond
10-15 11:38 AM
If 1099 is not accepted by client & need FEIN (for corp-to-corp) then one can get a FEIN as sole priprietor. is there any additional requirements for this viz. liability insurance.. or anything else.
please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..
thanks
please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..
thanks
mihird
05-21 10:49 PM
I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..
But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...
I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...
Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.
The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..
If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)
But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...
I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...
Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.
The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..
If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)
more...
cahimmihelp
07-15 12:56 PM
Hi,
This is my second effort to get the answer. There are so many posts on this kind of topics but I am not getting any clear answer. I would appreciate if someone can throw the light on this topic.:confused:
I am working with a consulting company and my company filed for my GC in 2009 (PD is 25-Feb-2009). I received my I-140 approval on 28-Feb-2010. Now the client where I am working, has offered my a fulltime job and GC processing. I have received mutual consent from my current company for any legal issues. Now, if I join the new company and file my GC from there, can I port my Priority date for the new processing? Also, what should be the earliest joining date? What all other precautions should I take while filing GC with the new company?
I received the offer on 07/09 and have to give my decision by 07/15. I would appreciate if anyone can help. I got one day extension in deadline. Please answer someone...
Thanks a lot,
CAH
This is my second effort to get the answer. There are so many posts on this kind of topics but I am not getting any clear answer. I would appreciate if someone can throw the light on this topic.:confused:
I am working with a consulting company and my company filed for my GC in 2009 (PD is 25-Feb-2009). I received my I-140 approval on 28-Feb-2010. Now the client where I am working, has offered my a fulltime job and GC processing. I have received mutual consent from my current company for any legal issues. Now, if I join the new company and file my GC from there, can I port my Priority date for the new processing? Also, what should be the earliest joining date? What all other precautions should I take while filing GC with the new company?
I received the offer on 07/09 and have to give my decision by 07/15. I would appreciate if anyone can help. I got one day extension in deadline. Please answer someone...
Thanks a lot,
CAH
snowshoe
12-19 02:21 PM
I went to Consulate General of Mexico, New York this morning, when the Visa officer asked me for my air tickets I told her that I am taking a cruise that has a stop in Calica, Mexico. She told me that a visa is not required in such cases and gave me a flyer that contains this info.
This is a para about Leisure cruises:
"A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."
This is a para about Leisure cruises:
"A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."
more...
saurav_4096
10-02 03:08 PM
the RFE was on Ability to Pay
If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.
If the company is making profit and they are paying salary as specified in LC. I think you be good after appealing.
supender
03-23 01:58 PM
Legally you are only barred if you are unlawfully present over 180 days.And unlawful presence and out of status are two different things. If your visa has not expired and just your I-94 had a lapse period, you have'nt accumulated a single day of unlawful presence. However you have been out of status for around 10 months. I was in same situation as yours once and my first lawyer was clueless about difference between unlawful presence and out of status. Luckily I got advice from another lawyer who cleared things up for me. I went to India got my H1B visa stamped and came with no problem.
You should seek a good a lawyer, who know what he/she is talking about.
You should seek a good a lawyer, who know what he/she is talking about.
more...
sapota
12-12 06:19 PM
How there could be demand for visa numbers for EB2 India between the years 2000 & 2002. The possible sources of such visa number demand would be from BEC or LC substitution. Both require filing a new I-140 recently, which most likely would not have been approved yet. Are visa numbers alloted even before I-140 is approved??
Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.
Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.
kaisersose
06-02 12:10 PM
It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.
Only at the 140 stage and for small companies. The OP has clarified that his 140 is approved and he works for a big company.
So ability to pay issues are no longer applicable.
Only at the 140 stage and for small companies. The OP has clarified that his 140 is approved and he works for a big company.
So ability to pay issues are no longer applicable.
more...
eb3_nepa
07-20 03:49 PM
Hello Gurus,
I have a question about H1 and L1.
Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.
I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.
So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.
Now my questions are:
1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?
Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.
I have a question about H1 and L1.
Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.
I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.
So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.
Now my questions are:
1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?
Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.
eb3India
05-22 10:24 AM
Here is more info on the bill HR 1268 and the ammendment 379
more info on
http://thomas.loc.gov/cgi-bin/bdquery/L?d109:./temp/~bdaWv9h:1[1-257](Amendments_For_H.R.1268)&./temp/~bd2OAS
This ammendmet allowed them to capture unused visa numbers to allocate them to nurses catagory.
more info on
http://thomas.loc.gov/cgi-bin/bdquery/L?d109:./temp/~bdaWv9h:1[1-257](Amendments_For_H.R.1268)&./temp/~bd2OAS
This ammendmet allowed them to capture unused visa numbers to allocate them to nurses catagory.
more...
apb
04-04 01:30 PM
1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
smuggymba
03-07 09:40 AM
I have an approved I-140 from my current US company but there are some discussions of "layoffs" going around and I want to be ready for any scenario.
My question is whether I can retain my PD with an approved I-140:
1.) If the employer hasn't taken any decision to cancel I-140.
2.) If the employer writes to USCIS about cancelling I-140.
Thanks.
My question is whether I can retain my PD with an approved I-140:
1.) If the employer hasn't taken any decision to cancel I-140.
2.) If the employer writes to USCIS about cancelling I-140.
Thanks.
more...
indianabacklog
10-25 02:28 PM
Thank you for taking the lead on this.... I'll be @ 11:00 am
Excellent. Will be there. I suggest we meet outside first so we do not look stupid wandering in aimlessly.
My name is Lynne and I am from the UK.
Looking forward to meeting you.
Excellent. Will be there. I suggest we meet outside first so we do not look stupid wandering in aimlessly.
My name is Lynne and I am from the UK.
Looking forward to meeting you.
harrydr
08-03 09:36 AM
Hello IV friends,
My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.
My PD is May 2008 and currently i have an approved i-140. I have been wanting to change my job but always been scared of the impact on my GC processing as i heard if i change my job prior to filing for I-485 (which i cannot as the PD is not current), i would have start the process all over again. What are my options here? Thanks in advance.
.JPG "funny quotes about girls.")
dealsnet
08-04 12:07 PM
We will forget many legal requirement after getting GC due to the excitment.
But we need to do these things to finish our GC journey.
Thank you for this information. Never realized that this should be done.
But we need to do these things to finish our GC journey.
Thank you for this information. Never realized that this should be done.
gc_perm2k6
03-06 01:38 PM
Both the points are very reasonable. Lets try to send letters.
pappu
08-19 01:27 PM
Hi,
My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.
She just entered into USA using AP in July.
485 was filed in Aug 07.
If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?
And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?
Thanks,
You can ask this in the Attorney conference call today
My wife's EAD is expiring on 8/3, and the renewal was filed on 5/19 w/ notice date 5/24.
We have just requested expedite request but may not get it in time.
She just entered into USA using AP in July.
485 was filed in Aug 07.
If she continues to work till the EAD is processed, would she be protected under rule 245K? Does she need to stop working immediately?
And what happens if she does not get the EAD by Aug 19 (90 days)? Would the infopass office issue an interim EAD based on the application?
Thanks,
You can ask this in the Attorney conference call today
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