sledge_hammer
07-05 09:14 AM
Anyone here whose application reached USCIS on July 3rd?
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tomprc
07-09 03:34 PM
there are reports that some people get their july applications returned already. see here:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=5631015251
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=5631015251
Madhuri
03-05 01:11 PM
I am in for contribution. As many other members suggested we should insiste them to run the report every quarter or so.
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pappu
01-02 05:58 PM
I think we have a long blog on IV blogs on this topic. You may want to read it.
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grupak
06-24 08:39 AM
Campaign continues. Call Congressman Lamar Smith.
anilsal
02-11 02:26 PM
Actually abolishing the whole H1B thing is theonly way. Actually IV should actively start lobbying against any H1B increase. Then only there is a chance of of corp america supporting any GC reform.
IV should work on highlighting the H1B abuse that is going on, in the media
so that the whole H1B will become so radioactive they will be forced to scale down or reform the H1B.
H1B visa is the main reason for EB problems.
Opposing H1B increase may work in theory. In practice, since majority of IV members are on H1B, any argument in this regard will fail.
IV should work on highlighting the H1B abuse that is going on, in the media
so that the whole H1B will become so radioactive they will be forced to scale down or reform the H1B.
H1B visa is the main reason for EB problems.
Opposing H1B increase may work in theory. In practice, since majority of IV members are on H1B, any argument in this regard will fail.
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eastindia
01-12 10:07 AM
Please refer to this link
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.dol.gov/dol/topic/discrimination/immdisc.htm)
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation (aka I-485 approval).
If you don't agree with this, I would suggest spending $200 with an attorney to get initial consultation and get the answer to enlighten yourself.
___________________
Not a legal advice.
I agree with you.
Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.
If you want to change the law, go to congress.
BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.
And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.
Highly educated innocents!
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.dol.gov/dol/topic/discrimination/immdisc.htm)
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation (aka I-485 approval).
If you don't agree with this, I would suggest spending $200 with an attorney to get initial consultation and get the answer to enlighten yourself.
___________________
Not a legal advice.
I agree with you.
Country limits is a law. A court has to follow the law. Court does not decide if the law is fair or unfair.
If you want to change the law, go to congress.
BUT SOME PEOPLE HAVE TOO MUCH MONEY TO THROW AWAY TO LAWYERS.
And whats with big lawyer names? Just because a lawyer has a website and writes on a website, does not mean he is a big lawyer. Look beyond the marketing of lawyers and see their skills, track record and genuine concern for your long wait. You are asking the same lawyers to help you whose bread and butter comes because you are applicants in a long line.
Highly educated innocents!
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prince_charming
09-12 11:50 PM
Prince charming - I invoked AC21 sometime back after 180 days of filing 485 and moved to a new job on EAD.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
My ex employer revoked 140. At this point of time I did a lot of research and found out the following things
(1) AC21 letter never reaches your file - there is no system in place for AC21 letter. G 28 gets into the system because there is a process in place for G 28
AC21 is a law that allows you to change jobs but there is no system in place.
(2) AC21 letter must be provided upon request - different officers want differtent information so they generally issue a NOID and ask you to submit evidence in 30 days. USCIS in some cases sends out straight denials. The denial letter generally has information to file MTR within 30 days if the case needs to be reopened due to USCIS error.
In August when my case was being processed, they sent me a NOID but sent my wife Fp notice - I called customer service and was advised that she can go for FP as usual but I have to respond to NOID before they move forward with my case and I promptly responded with AC21 and my case status changed to "Case reopened, response received" and there were soft LUDs hitting my 485.
Keep all documentation ready and be proactive, you can hire a good lawyer from MTR, remember that when you file for MTR, you cannot work - so before you inform your employer, get a letter from them and then inform them - in case employers will be reluctant to give any documentation if they know you cannot work for sometime. If you are on h1b you dont have to worry.
MTR approvals can take 3 to 5 weeks or more too.
if not on h1b you start accruing unlawful status and usually lawyers suggest that you stay till less than 180 days when your MTR is filed - it never takes 180 days for a decision on MTR so dont worry about unlawful status.
These are hidden risks in AC21 but good news is that AC21 cases have always been successful.
You may have to go through this period of uncertainity.
Good luck.
I have already informed my attorney about CRIS email i received. Also as i used H1B transfer to join new company and never used EAD i am not accuring any unlawful status.
For sure G-28 reached as i saw LUD a week after sending G-28 but AC21 is lost somewhere in USCIS blackhole.
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paulan
08-04 02:28 PM
Please see the answers below:
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".
The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.
Keep in mind, that no matter what, you will not be able to work before Oct 1.
I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.
You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.
Again THANK YOU for your replies, it's a BIG HELP!
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".
The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.
Keep in mind, that no matter what, you will not be able to work before Oct 1.
I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.
You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.
Again THANK YOU for your replies, it's a BIG HELP!
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gapala
03-24 10:20 PM
There is a reason, I said read it and understand it. I don't think you have understood it.
The bottom line is that opinion letter is written by a USCIS officer and that I was referring it. And most important of all, you were proven wrong, again. That is the real reason of you being upset.
_______________________
Not a legal advice.
US citizen of Indian origin
I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.
The bottom line is that opinion letter is written by a USCIS officer and that I was referring it. And most important of all, you were proven wrong, again. That is the real reason of you being upset.
_______________________
Not a legal advice.
US citizen of Indian origin
I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.
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eb3India
06-08 01:30 PM
As I said my numbers are not accurate, there are lot of visas unused since retrogression, we need to take look at this and spent more time researching and contacting right organization
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gsmishra
07-21 10:08 AM
If my attorney is to be believed, USCIS will clarify on Wednesday regarding whether/how to file without receipt notice.
BTW turns out I'm with Nebraska SC too. I had just assumed I would be in TX given that I live in TX! :D
Lets wait till Wednesday then.
I still believe we should be able to get the receipt numbers by 1-Aug.
BTW turns out I'm with Nebraska SC too. I had just assumed I would be in TX given that I live in TX! :D
Lets wait till Wednesday then.
I still believe we should be able to get the receipt numbers by 1-Aug.
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logiclife
05-31 01:11 PM
I still don't understand what you are saying.
Are you saying the future greencard applicants will have to compete with lot more new H1b s?? Wouldn't this bill help alleviate the retrogression problem and those with approved LC, I-140 etc??
No. What I am saying is that this is a good amendment that can help us. But if its introduced and voted upon, it will fail to pass in the Senate because this amendment has a H1B exemption and H1B quota increases are very very unpopular and controvertial since last few years.
Therefore the achilles heel (Weak portion that will cause failure) of this good amendment is the H1B quota trick attached at the end. The amendment may pass the senate with a majority vote if it doesnt have H1B quota exemptions in it.
Are you saying the future greencard applicants will have to compete with lot more new H1b s?? Wouldn't this bill help alleviate the retrogression problem and those with approved LC, I-140 etc??
No. What I am saying is that this is a good amendment that can help us. But if its introduced and voted upon, it will fail to pass in the Senate because this amendment has a H1B exemption and H1B quota increases are very very unpopular and controvertial since last few years.
Therefore the achilles heel (Weak portion that will cause failure) of this good amendment is the H1B quota trick attached at the end. The amendment may pass the senate with a majority vote if it doesnt have H1B quota exemptions in it.
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imh1b
05-19 09:44 AM
Done again today. I will do this once everyday.
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edaltsis
05-31 04:39 PM
Why fly other airlines in the first place? Travel by Air-India and get rid of these issues besides helping the ticket money go to India.
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geevikram
06-25 02:30 PM
posted the latest question under uslover...
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brb2
09-27 09:01 AM
Total immigration numbers, not employment. The direct references in the report are:
Figure 3 Page CRS 9.
For the 2005 numbers, I approximated, using Appendix A on page CRS-22, which covered the top 50 countries sending immigrants and that was around 87% of the total.
Sorry - I can't currently access the report you quote your oringinal figures from at the beginning of your quote. Are these numbers of total immigration, or immigration in the highly skilled category?
Figure 3 Page CRS 9.
For the 2005 numbers, I approximated, using Appendix A on page CRS-22, which covered the top 50 countries sending immigrants and that was around 87% of the total.
Sorry - I can't currently access the report you quote your oringinal figures from at the beginning of your quote. Are these numbers of total immigration, or immigration in the highly skilled category?
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imneedy
05-18 10:29 AM
done!
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asanghi
03-05 06:02 PM
The term "Priority Date" appeared 10 times in last Visa Bulletin.
I wonder how USCIS is able to follow Visa Bulletin, without understanding this term.
I will contribute $25, if we decide to go this route. However I agree with all who say that we should ask them to make this info available periodically & REGULARLY (so that it does not end up like updates on processing dates)
I wonder how USCIS is able to follow Visa Bulletin, without understanding this term.
I will contribute $25, if we decide to go this route. However I agree with all who say that we should ask them to make this info available periodically & REGULARLY (so that it does not end up like updates on processing dates)
Legal
06-20 09:33 AM
I doubt if the house is going to toe the senate line on the CIR. The new bill that has been introduced in the House is seen as a rebuke to Bush, directly contradicting the Senate version. I think this CIR will be killed in the house if it somehow passes the Senate.
http://www.latimes.com/news/nationworld/nation/la-na-immig20jun20,0,3608273.story?coll=la-home-center
House minority (Repub) has very little power to block anything. In the Senate, one Senator can hold the proceedings ("filibuster") and kill the entire legislation. That's why they often talk about a filubuster-proof majority in the Senate. House members have no such powers.
In the house the majority party determines just about everything. However, since some moderate dems may not support the immig bill they do need some repub votes even to attain a simple majority to pass the bill. They may try to add more restrictrictive provisions against illegals to get some repub votes.
Eventually , the extreme right wing in the house is likely to go down kicking and screaming.
Unlike many members here I'm not that pessimistic about our chances in the house since the Chairman of the House Immig sub-comittee Zoe Lofgren is pro-immigrant.
http://lofgren.house.gov/biography.shtml
http://www.latimes.com/news/nationworld/nation/la-na-immig20jun20,0,3608273.story?coll=la-home-center
House minority (Repub) has very little power to block anything. In the Senate, one Senator can hold the proceedings ("filibuster") and kill the entire legislation. That's why they often talk about a filubuster-proof majority in the Senate. House members have no such powers.
In the house the majority party determines just about everything. However, since some moderate dems may not support the immig bill they do need some repub votes even to attain a simple majority to pass the bill. They may try to add more restrictrictive provisions against illegals to get some repub votes.
Eventually , the extreme right wing in the house is likely to go down kicking and screaming.
Unlike many members here I'm not that pessimistic about our chances in the house since the Chairman of the House Immig sub-comittee Zoe Lofgren is pro-immigrant.
http://lofgren.house.gov/biography.shtml
m306m
04-29 01:40 PM
Update: In the subcommittee hearing tomorrow let us expect our issues raised. IV has successfully communicated issues of IV community to the subcommittee members. Let us wait to see if all of those are addressed in questions. This is all possible due to support of members who contribute to help us with lobbying efforts.
Thanks Pappu for the update.
Thanks Pappu for the update.
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