lskreddy
07-02 03:59 PM
I am not sure about whether you could sue or not but USCIS's processing order is wreaking havoc, and if there was any way to bring the buggers to task, that would be great.
For the person who asked whether you saw 2008 application approved before 2007, I am a prime case. I have couple of I140's going, one in EB3 and the other in EB2. EB3's I140 was filed in July 2007 and EB2's I140 was filed in Feb 2008. The one filed in Feb 2008 was approved a few days back and the July app is still pending.
Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.
As a theory, they might be approving much later filed apps as a means to acheive better 'average' processing times. If you take me as an example, I have one app pending for 12 months and the other approved in 4 months. So, the average is 8 and that might be what the higher up might care for. But, none of this is fathomable by souls like us...
For the person who asked whether you saw 2008 application approved before 2007, I am a prime case. I have couple of I140's going, one in EB3 and the other in EB2. EB3's I140 was filed in July 2007 and EB2's I140 was filed in Feb 2008. The one filed in Feb 2008 was approved a few days back and the July app is still pending.
Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.
As a theory, they might be approving much later filed apps as a means to acheive better 'average' processing times. If you take me as an example, I have one app pending for 12 months and the other approved in 4 months. So, the average is 8 and that might be what the higher up might care for. But, none of this is fathomable by souls like us...
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TomTancredo
01-11 04:21 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
sanju
04-19 10:59 PM
can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?
Googling around, and am not able to find anything...
Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".
Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.
Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.
This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.
Hope this answers your question.
Googling around, and am not able to find anything...
Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".
Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.
Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.
This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.
Hope this answers your question.
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silvergga
02-27 02:20 PM
Mostly my question was misunderstood...
I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
more...
FinalGC
02-07 09:36 AM
Buddy:
The way I see is that you have two options:
1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.
OR
2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.
Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.
It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.
I just gave you some practical advise.
I hope you make the right decision, which would be good for you and your parents.
The way I see is that you have two options:
1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.
OR
2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.
Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.
It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.
I just gave you some practical advise.
I hope you make the right decision, which would be good for you and your parents.
stones
07-01 08:04 AM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
more...
wandmaker
11-07 09:38 PM
1 (800) 375-5283 and follow the voice instructions.
Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.
Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.
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GCNaseeb
10-17 11:03 PM
What's going on?
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tabletpc
09-24 10:43 AM
But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.
I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.
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alterego
07-30 12:59 PM
This is a ridiculous ruling. The group does not have a lien on its patient base. They are and should be free to choose whomever they wish for their care.
This is typical of business investors subverting the Doctor patient relationship.
A sad development for both doctors and patients and a victory for corporate interests in this country.
This is typical of business investors subverting the Doctor patient relationship.
A sad development for both doctors and patients and a victory for corporate interests in this country.
more...
chi_shark
07-07 05:58 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
that, my friend, is a million dollar question!
that, my friend, is a million dollar question!
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Kitiara
10-18 05:35 AM
When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...
I don't know if these things are tweenable... Alright, look I've attached one of the animated gifs to this post, so you can see what I mean. I've got this one down to 20K, but I need to make it lower. I haven't got much knowledge of Fireworks (at least not on the animating side), - I've found the Convert To Symbol thing, but it doesn't seem to reduce the file size. Each frame was originally a .psd, which was then Saved For Web as a gif, opened into Fireworks, then pasted into the animation.
Any ideas, bright spark? :)
I don't know if these things are tweenable... Alright, look I've attached one of the animated gifs to this post, so you can see what I mean. I've got this one down to 20K, but I need to make it lower. I haven't got much knowledge of Fireworks (at least not on the animating side), - I've found the Convert To Symbol thing, but it doesn't seem to reduce the file size. Each frame was originally a .psd, which was then Saved For Web as a gif, opened into Fireworks, then pasted into the animation.
Any ideas, bright spark? :)
more...
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wellwisher02
04-02 11:37 AM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.
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RandyK
02-16 10:57 AM
How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?
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vine93
01-22 03:12 PM
Most of the Nationalised bank ( SBI, PNB ) do not charge Pre-payment penalty. Though it clearly mentioned in their policy , you should check while taking the loan. It is negotiated also. I have IDBI loan with facility of no pre-payment penalty.
Tell your banker not to extend the tenure of Loan when they increase the loan percentage. As they keep your EMI same but they change the tenure. That makes you nervous when you want to payoff your loan minus 13 months.
Tell your banker not to extend the tenure of Loan when they increase the loan percentage. As they keep your EMI same but they change the tenure. That makes you nervous when you want to payoff your loan minus 13 months.
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div_bell_2003
10-16 02:16 PM
As far as my understanding goes , AC-21 is nothing but a rule/memo that allows you to change your GC sponsoring employer. You can decide not to send the AC-21 papers , which pretty much means that your previous company is still your GC sponsoring employer and you are required to work for them once the GC ( also please understand that GC is for a future position ) is approved and stay with them at least 6(or more) months otherwise later down the road ( when you might want to become citizen of this wonderful country) , it might cause some problems to the extent of USCIS determining that as some sort of immigration fraud.
My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.
I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )
I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.
My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.
I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )
I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.
more...
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glores1970
09-23 12:06 PM
I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.
Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.
What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.
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pappu
07-14 04:55 PM
Thanks for the update paskal.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
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Prashanthi
10-20 05:02 PM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
gcgcgcgc
10-26 05:44 PM
I was surprised to see my AP in hand
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
shana04
03-05 05:17 PM
Can someone post a sample letter for removing lawyer from G28 and a notice to represent case himself/herself
G28 self
G28 self
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