Wednesday, June 22, 2011

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  • raj2007
    03-07 02:50 PM
    I am employed with a company and I work for a client through a preferred vendor. I am in a slightly difficult situation. I would like to do AC21 with the vendor and negotiate for more. This might irk the vendor and he could in turn tell my employer about this. I cannot put in my papers with my employer without having an offer from the vendor in hand. I cannot join the client directly because of hiring freeze.

    My question is, if due to the above exercise my employer cancels my H1, will I be immediately be out of status, does having EAD means that I will be in status even if my H1 is cancelled?.. How much time will I have to join a new employer using EAD if my H1 is cancelled or revoked.?.

    Thanks,

    Your vendor is desi guy?
    I have never seen vendor informing the employer.
    You are ok even if he cancels ur H1.





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  • ZigZag
    07-13 03:28 PM
    See the attachment which I had come across in this forum and saved it

    Hope this is helpful.





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  • WeldonSprings
    08-27 12:06 PM
    As per this link and comments by the Director of USCIS-

    http://immigrationvoice.org/forum/showthread.php?t=21175


    Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.



    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.

    June processing numbers are available

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    June-08 46024 740969 44989 42500 2489

    It seems that in FY-2008-Total number of Employment Visas approved were-
    Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.

    Also, till April 2008, they had used=> 107955 which is 66% of 162,794.

    So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.

    My guess in July and August is that they have used around 11000.

    So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.


    I posted June number at
    http://immigrationvoice.org/forum/showpost.php?p=273472&postcount=64

    July numbers are still awaited.





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  • gulute
    06-11 02:11 PM
    done



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  • abhijitp
    07-24 01:35 PM
    1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form.
    Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
    OR
    2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
    To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!

    OR
    3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)

    pls find above the answers.





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  • Canuck
    02-13 10:46 PM
    Dear friends,

    I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.

    For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.

    The very same policy is used by the U.S. government to control their population:

    1) Per country quotas in EB immigration cause infighting

    2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda

    3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control

    4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese

    ...and the elite sit back, sip their martinis, and watch the fun.

    So you have two choices before you:
    1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
    2) Unite as one to achieve all 3 objectives, and throw off your shackles

    Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King



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  • nawlinspoboys
    09-28 09:39 AM
    Well said Akhil. Its all about personal choice. But if you ask me USA rocks! I have lived in 6 states (south, north, midwest) in my 9 years of stay in USA..Never had a single problem with racism. All my bosses were fair and nice.... Even my university people were very friendly and accomodated me in their culture without hesitation. I see more racism and discrimination in India. We discriminate "big time" against our own back there. Plus back in India we have political unrest, communal tensions, riots, strikes..lot of uncertainities. Lets live in USA with pe@ce and make good life...





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  • rayoflight
    08-10 01:58 PM
    GK,

    I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.

    Cheers,
    Rayoflight



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  • BPforGC
    03-10 04:16 PM
    Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.

    Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".

    They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.

    They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.

    IV core, think about this.





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  • komaragiri
    08-29 05:52 PM
    This is totally wate of time. Please delete this thread.


    Let's not discuss on who is best and who is worst. Focus on the future action items for IV. Discuss more about those items, so that we all can get out of this mess and live happily.



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  • CADude
    02-21 11:16 AM
    YES and YES.

    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks





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  • addsf345
    12-11 07:42 PM
    If US does not benefit from giving the visas, are they doing it as a part of social service?

    Kavita,

    There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.

    Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.



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  • retrohatao
    02-03 09:40 AM
    I have not heard from any of the moderators/forum organizers on this. Does that mean immigrationvoice is NOT FOR "name check" affected immigrants?





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  • deepimpact
    09-11 01:39 PM
    And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .

    Street Justice ??

    EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
    The EB3-ROW Demand for October 2010 ~ 45K.
    So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
    The total Pending in Aug 2009 was
    EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
    The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
    Demand for EB3 = 136K.
    So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.

    And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.

    I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.



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  • retrohatao
    02-13 12:25 PM
    I think I am bit surprised to see not even a single posting as a reply. Believe it or not its huge problem than you can even imagine.
    :rolleyes:





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  • Legal
    07-04 07:58 PM
    EXCELLENT ANALYSIS. STILL THERE ARE PROBLEMS.

    The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July.

    1. ARE YOU SURE THIS NUMBER IS ACCURATE? 700K? SEEMS TO BE EXAGGERATED.


    When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card.

    2.IF THESE 40K WERE OTHERWISE QULAIFIED WHY WERE THEY SITTING ON THEM UNTIL MID-JUNE ....TO START WITH? IF THEY WERE SO EAGER TO FOLLOW THE OMBUDSMAN'S GUIDELINES WHY WERE THEY SO SLOW IN USING UP THE VISA NUMBERS UNTIL MID JUNE?

    However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

    3.MORE PRECISE DESCRIPTION WOULD BE THEY WERE COMPLETELY RECKLESS..GIVE A S+I& ABOUT HOW MUCH THEIR ACTIONS AFFECT THE CUSTOMERS.


    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bullet. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    4.OK..... WHICH PART OF THIS AFFECTED THE STAFF AT USCIS... THE FACT THAT MANY OF US WILL ONLY HAVE EAD FOR 10 YRS OR THE FACT THAT MORE EAD RENEWALS MEANS MORE CUMBERSOME WORK FOR THEM? I'M AFRAID IT IS THE LATER.

    Now, they used all 140K visas this year.

    5.AREN'T THEY REQUIRED BY LAW TO SPREAD THE NUMBERS FOR EACH QUARTER? DON'T THEY HAVE LIMITATIONS ON HOW MUCH THEY CAN USE FOR EACH MONTH ETC?

    The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.

    6.I AGREE. THIS COULD BE THE ONLY >POTENTIAL <SILVER LINING. HOWEVER, OPPONENTS WHO FOUGHT THE PREVIOUS LEGISLATIONS IN FAVOR OF US WON'T LET IT HAPPEN THAT EASILY.

    THERE IS NO OTHER CHOICE OTHER THAN TRYING..



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  • abd
    09-23 01:54 PM
    Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?

    The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00





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  • Novice
    07-15 12:31 PM
    I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?





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  • feedfront
    10-07 12:27 PM
    Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

    RFE email: Sept 10, 2010
    RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
    Reponse to RFE sent on : Oct 05, 2010 via USPS
    Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]





    webm
    04-24 11:53 AM
    Thank you all for the warm response. I appreciate it and wish the same for absolutely all of you. I hope my heated discussions with various officials about TSC's lack of action will clear some logjam for everyone else who is current but still waiting.

    Thanks much!!





    suresh.emails
    01-18 11:12 AM
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.



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