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485Mbe4001
08-12 01:03 PM
If you look at the PD progress for EB3 I, the only movement was during March and April 07.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.
Oct 07 - 22Apr 01
Nov 07 - 22 Apr
.. - 1 May 01
.. - 1 May 01
.. - 8 May 01
.. - 1 Aug 01
.. Oct 01
.. Nov 01
.. Nov 01
and U there after.
if the recapture bill doesnt pass, we are looking at something similar this year too, very little movement. My guess is that EB 2 I is also going to retrogress a bit, simply because of the number of applicants in that category. EB 3 ROW will also see slow movement because of the distribution pattern.
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p1234
10-03 12:04 PM
Yes you called sleazy consultants..check your stmnt.
Everybody is trying to survive in this world ..diff people react differently to same situation..lying on resume/achievements is not illegal(reason y no body is prosecuted because of this fact..they are simply denied that benefit) however its unethical ..but iam not here to preach ethics.
A fictional scenario to check whether you are ready to take advantage of a loop hole if its in your favour.( A nice quote on this -Everybody likes discrimination when its in their favour and they dont raise their voice then)
My point to say all companies lie/manipulate things to certain extent..desi consultants atleast dont deprive lives like other BIG companies where shareholders are kept in dark until they realize that company is no more worth anything.
Iam not supporting any malpractises are anything anyways this is not a criminal thing its just immoral ..however if theres a loop hole and people want to chance it its upto them. They will be appropriately denied if they are caught, However its not like they are killing anybody.
Finally what do you think when even govt is planning to make illegals legals ..its respecting peoples wishes against legal things(ofcourse they get benifitted)Humanity/compassion is number one..rules are for our well being ..they are not hard and fast. Check for your reputation here i think it says some thing.
Approve this post. Nobody is supporting malpractices, however EB3 shall not be trashed.
Consultants desi or non-desi shall not be trashed either.
Everybody is trying to survive in this world ..diff people react differently to same situation..lying on resume/achievements is not illegal(reason y no body is prosecuted because of this fact..they are simply denied that benefit) however its unethical ..but iam not here to preach ethics.
A fictional scenario to check whether you are ready to take advantage of a loop hole if its in your favour.( A nice quote on this -Everybody likes discrimination when its in their favour and they dont raise their voice then)
My point to say all companies lie/manipulate things to certain extent..desi consultants atleast dont deprive lives like other BIG companies where shareholders are kept in dark until they realize that company is no more worth anything.
Iam not supporting any malpractises are anything anyways this is not a criminal thing its just immoral ..however if theres a loop hole and people want to chance it its upto them. They will be appropriately denied if they are caught, However its not like they are killing anybody.
Finally what do you think when even govt is planning to make illegals legals ..its respecting peoples wishes against legal things(ofcourse they get benifitted)Humanity/compassion is number one..rules are for our well being ..they are not hard and fast. Check for your reputation here i think it says some thing.
Approve this post. Nobody is supporting malpractices, however EB3 shall not be trashed.
Consultants desi or non-desi shall not be trashed either.
punjabi77
12-26 12:31 AM
I saw posts quite similar to my situation so didnt start a new thread but instead thought of using this thread to ask my question.
My situation is
I have my EAD and AP, and my 3 year extension is already approved but H1 stamp has expired.
My wife has used EAD and her H4 extension came before she stopped working on EAD. But she does have 3 year H4 extension too with an expired H4 stamp.
Now we plan on travelling to India next week and i am kind of confused as to whether we should go for H1-H4 stamping or not, or should we use AP to come back.
I have read in so many threads and forums that even if you enter on AP, ur H1 status is valid.
Now if my wife goes for H4 stamping, will the imigration officer consider her under H4 or AOS as she has used her EAD?
Since i have 1 month to come back to US, I am scared if for any reason Immi officer might take time to stamp visa on our passport and we might not make it back to US in time. And also what if they ask all questions regarding GC.
Has anyone gone through the same situation?
SInce these days, mostly all companies are hiring people who have EAD, sometimes i think what is the need to maintain H1 then.
Another thing is that i am not full time employed with my client, so when my project expires, i can find a new company and get my H1B-H4 transfered and that will change my Status from Parolee to H1b again.
So looking at all this, i think even if i come on AP, everything should work out fine for me.
Please post ur suggestions and advice.
My situation is
I have my EAD and AP, and my 3 year extension is already approved but H1 stamp has expired.
My wife has used EAD and her H4 extension came before she stopped working on EAD. But she does have 3 year H4 extension too with an expired H4 stamp.
Now we plan on travelling to India next week and i am kind of confused as to whether we should go for H1-H4 stamping or not, or should we use AP to come back.
I have read in so many threads and forums that even if you enter on AP, ur H1 status is valid.
Now if my wife goes for H4 stamping, will the imigration officer consider her under H4 or AOS as she has used her EAD?
Since i have 1 month to come back to US, I am scared if for any reason Immi officer might take time to stamp visa on our passport and we might not make it back to US in time. And also what if they ask all questions regarding GC.
Has anyone gone through the same situation?
SInce these days, mostly all companies are hiring people who have EAD, sometimes i think what is the need to maintain H1 then.
Another thing is that i am not full time employed with my client, so when my project expires, i can find a new company and get my H1B-H4 transfered and that will change my Status from Parolee to H1b again.
So looking at all this, i think even if i come on AP, everything should work out fine for me.
Please post ur suggestions and advice.
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ilikekilo
05-04 09:52 PM
Does any one know about any existing law (that has been passed as part of a bill or whatever) that offers whistleblower protection for non immigrant visa workers (H1b. L1 etc)?
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axp817
06-03 11:06 AM
"On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.
CONCLUSION: It is concluded that the grounds stated for denial have been overcome.
ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
CONCLUSION: It is concluded that the grounds stated for denial have been overcome.
ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
laksmi
11-24 06:17 PM
i am working on H1B and my wife is on H4, she was not included in 485 yet so she is not having EAD, can i change status from H1B to EAD, please advice.
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B3NKobe
06-07 11:15 AM
Skinning the wheel is too easy, all you have to do is plop the graphic down and set the blending accordingly. Leaving the wheel stock makes it harder because you gotta get the elliptical out.
Woohoo!! Support!! :D
Woohoo!! Support!! :D
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desixp
12-27 08:39 AM
Rajgopal,
It is taking about 8 to 9 business days to process. This does not include the courier time. For my wife's passport we got it after two days because VFS handed the passport to Blue Dart after the cut off time at Chennai. We had our interview on 7th of Dec and we got our PP's on 20th and 22nd. I would not recommend any changes to the airline tickets until you get your PP in hand.
Hope this information helps.
DesiXP.
It is taking about 8 to 9 business days to process. This does not include the courier time. For my wife's passport we got it after two days because VFS handed the passport to Blue Dart after the cut off time at Chennai. We had our interview on 7th of Dec and we got our PP's on 20th and 22nd. I would not recommend any changes to the airline tickets until you get your PP in hand.
Hope this information helps.
DesiXP.
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YesGC_NoGC
12-17 09:55 PM
I am on H1 for 9th year. I recently used AC21 using H1 Transfer. New H1 Got approved in October. But today I just saw this mail.. this some old H1 for old employer....
Anyone what next steps do they ask in the Notice that they have mailed?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: WACXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on December 17, 2008, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
Anyone what next steps do they ask in the Notice that they have mailed?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: WACXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on December 17, 2008, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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chanduv23
11-06 03:52 PM
Lets concentrate on EB issues. Those who have not yet joined a State chapter, please do so now.
Joining the State chapter and help grassroots efforts is an ongoing action item and everyone here MUST join your State chapter and contribute towards grassroots efforts.
Nothing much can be achieved by writing individual emails.
We need to focus on our issues and do what is organized, collective effort.
Joining the State chapter and help grassroots efforts is an ongoing action item and everyone here MUST join your State chapter and contribute towards grassroots efforts.
Nothing much can be achieved by writing individual emails.
We need to focus on our issues and do what is organized, collective effort.
more...
pitha
02-01 12:09 PM
Same old blah blah blah we cannot and should not keep reacting to such nonsense. A fraction of what he told is true but he is blowing it out of proportion. Lets not post such nonsense here which is the standard stump speech of anti immigration folks
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superdude
07-17 10:48 PM
Let us ask IV Core. Thier leadership has been awesome
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manojp4
06-15 02:49 AM
You cannot do CP for your spouse unless your I-485 is approved (an immigrant visa number is available for you). That is why the adjustment of status within the US is so much more preferable for most people - it lets you and the spouse get the EAD and start working without waiting for the approval of your GC.
My suggestion for you is to get all the paperwork ready for you and your spouse right now. (Except the medical exam for your spouse which has to be done in the US). The medical exam can be completed in 2 days.
Also, there is a chance that the dates will still remain current for the Aug visa bulletin, since the bulletin will get published by the middle of July, and the USCIS will not have an accurate idea of how many applications they will be getting in July. It looks like the retrogression will hit in either Sep or Oct but with USCIS we never know.
My suggestion for you is to get all the paperwork ready for you and your spouse right now. (Except the medical exam for your spouse which has to be done in the US). The medical exam can be completed in 2 days.
Also, there is a chance that the dates will still remain current for the Aug visa bulletin, since the bulletin will get published by the middle of July, and the USCIS will not have an accurate idea of how many applications they will be getting in July. It looks like the retrogression will hit in either Sep or Oct but with USCIS we never know.
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hebbar77
01-20 06:06 PM
I dont see how genuine consulting firms will be affected by this. Those who employ people on H1B with genuine clients will be OK. Only consulting firms who bring/hire H1b employees without any project will be impacted. In my opinion this will help avoid the benching practice...
Did I miss something?
Did I miss something?
more...
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Brightsider
07-16 05:36 PM
All,
AILA has a template of a letter/email to Congress members that can be used to express support for visa recapture and immigration reform.
Please check out
AILA - Web Resources (http://capwiz.com/aila2/issues/alert/?alertid=13300836&type=CO)
You may like to modify the message to suit your life situation and preferences. For example, instead of undocumented aliens, I used the opportunity to stress the difficulties of employment-based applicants. While I have nothing against them, it is my belief that I need to stress my own problem and seek a resolution.
And, I have also forwarded the link and my mail to all my friends who are waiting for green cards. More importantly, I have asked my relatives and friends, who are citizens or who have green cards, to pitch in and write for our sake.
My suggestion, should you agree with the above, is not only to write to your Congress members but also ask your relatives and friends to do likewise.
Best wishes
AILA has a template of a letter/email to Congress members that can be used to express support for visa recapture and immigration reform.
Please check out
AILA - Web Resources (http://capwiz.com/aila2/issues/alert/?alertid=13300836&type=CO)
You may like to modify the message to suit your life situation and preferences. For example, instead of undocumented aliens, I used the opportunity to stress the difficulties of employment-based applicants. While I have nothing against them, it is my belief that I need to stress my own problem and seek a resolution.
And, I have also forwarded the link and my mail to all my friends who are waiting for green cards. More importantly, I have asked my relatives and friends, who are citizens or who have green cards, to pitch in and write for our sake.
My suggestion, should you agree with the above, is not only to write to your Congress members but also ask your relatives and friends to do likewise.
Best wishes
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santb1975
06-02 07:17 PM
Keep calling
Called all of them, updated poll:)
Called all of them, updated poll:)
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jahnavi
04-18 01:22 PM
I Have done my part of contribution .
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swamy
11-20 07:44 PM
I am still debating whether to call in or to write - but I will definitely do one of the two. I just read the other thread linked to by 'internet' above & thought I would say a couple of things to the losers at alipac who worship racists like tancredo and lou: Don't distort this thread's message - we not are trying to gag Mr.Lou however much I puke everytime I see him spewing venow on 'aliens' -and I sometimes even admire his constant state of outrage and complete lack of shame. He and his worshippers at alipac are a reminder that bigotry may have been outlawed offcially in the 60's but definitely wasn't completely eliminated for posterity -a lesson to all those who forget history and think we have always been 'civilized'; we are the nation we are today because of the tireless work of so many great leaders supported by so many forward thinking Americans of all colors -so lets be clear - we WANT LOU to spew his venom and unvarnished bigotry in Detroit - we WANT alipac to worship such hatemongers so when youngsters wonder how people could have been done horrible acts in the past we can point to you guys and say 'here you go - now know that every generation has its bigots and its the duty of decent folks to oppose them - its a constant never ending fight!'
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fall2004us
04-20 03:01 PM
I got soft LUD on 4/10 and a hard LUD on my wife's application on 4/13. My attorney recd the RFE today and informed that USCIS is requesting evidence of my marriage to be bonafide.
My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?
Thanks,
Praky
Hi Praky,
dont pay anything to your attorney, ask him to mail you the RFE, just attach the marraige certificate along with the RFE + envelope sent by USCIS which has a bar code.
In my case, attorney forwarded the RFE and asked me to mail it myself, I didnt even put a covering letter, RFE letter on top will act as a covering letter. I used USPS overnight, USCIS received the next day and got a hard LUD on my case.
My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?
Thanks,
Praky
Hi Praky,
dont pay anything to your attorney, ask him to mail you the RFE, just attach the marraige certificate along with the RFE + envelope sent by USCIS which has a bar code.
In my case, attorney forwarded the RFE and asked me to mail it myself, I didnt even put a covering letter, RFE letter on top will act as a covering letter. I used USPS overnight, USCIS received the next day and got a hard LUD on my case.
unitednations
03-31 11:09 AM
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
That was the case when uscis would send straight denial and then person would do mtr with ac21.
the OP and the particular case I am talking about; they responded to the notice of intent to deny (NOID specifcally said person may be elgiible for ac21 and to give job letter, etc.); however they denied it after the response was sent. It would be different story if they denied due to job mismatching. However, that was not the case. They denied stating the 140 was revoked. Basically, this is a new type of denial and may be a shift in how uscis is doing things.
I spoke to candidate earlier and he talked to the original 140 company. They told him that their h-1b's aren't getting approved (common issue right now with vermont service center for just about everyone) and that in the clean up they revoked almost 70 I-140's for people who had left. He doesn't know if it was in response to an I-140 query or not (uscis adds up cases frequently in rfe's on the 140). When companies revoke 140 to a RFE; USCIS could be making a determination that the 140's company is now revoking were approved iun error and people are not eligible for ac21. Now; if this was the case; uscis officer should have put this in the denial but they did not.
I'll keep everyone posted of what happens to this case.
That was the case when uscis would send straight denial and then person would do mtr with ac21.
the OP and the particular case I am talking about; they responded to the notice of intent to deny (NOID specifcally said person may be elgiible for ac21 and to give job letter, etc.); however they denied it after the response was sent. It would be different story if they denied due to job mismatching. However, that was not the case. They denied stating the 140 was revoked. Basically, this is a new type of denial and may be a shift in how uscis is doing things.
I spoke to candidate earlier and he talked to the original 140 company. They told him that their h-1b's aren't getting approved (common issue right now with vermont service center for just about everyone) and that in the clean up they revoked almost 70 I-140's for people who had left. He doesn't know if it was in response to an I-140 query or not (uscis adds up cases frequently in rfe's on the 140). When companies revoke 140 to a RFE; USCIS could be making a determination that the 140's company is now revoking were approved iun error and people are not eligible for ac21. Now; if this was the case; uscis officer should have put this in the denial but they did not.
I'll keep everyone posted of what happens to this case.
mallikonnet
07-20 10:20 AM
Zoooom & Anzerraja:
The core membership may be modest and may not want to speak out much on this issue. It becomes our prerogative to drive this.
Lets do this. Zooom do you mind opening a separate thread, "Reimburse past expenses to Aman & other IV Core members" or something like that. Please post a message asking people to "pledge" an amount towards that effort. Can you two drive this effort. I am also available for assistance.
We will update members who pledge how to finalize their pledge by any of the following methods based on subsequent expert advice:
1) Should they contribute to IV directly
2) Send a personal check to Aman.
3) Other method like IV reimbursing Aman and others from the common donation corpus.
Hi Everybody it is a great idea to reimburse aman. Absolutely we have to do it through IV. it is not good idea giving personal checks. what happens when Aman submits his federal taxes. he has to mention everything about the money trail. In America everything should be trailable especially money matters.
giving money through IV is safe for him and for everybody and there is an accountablity everywhere. As a core member he can collect his administrative costs.
So whatever the pledge amouts we are doing should be sent to IV then to Aman.
Any suggestions......
The core membership may be modest and may not want to speak out much on this issue. It becomes our prerogative to drive this.
Lets do this. Zooom do you mind opening a separate thread, "Reimburse past expenses to Aman & other IV Core members" or something like that. Please post a message asking people to "pledge" an amount towards that effort. Can you two drive this effort. I am also available for assistance.
We will update members who pledge how to finalize their pledge by any of the following methods based on subsequent expert advice:
1) Should they contribute to IV directly
2) Send a personal check to Aman.
3) Other method like IV reimbursing Aman and others from the common donation corpus.
Hi Everybody it is a great idea to reimburse aman. Absolutely we have to do it through IV. it is not good idea giving personal checks. what happens when Aman submits his federal taxes. he has to mention everything about the money trail. In America everything should be trailable especially money matters.
giving money through IV is safe for him and for everybody and there is an accountablity everywhere. As a core member he can collect his administrative costs.
So whatever the pledge amouts we are doing should be sent to IV then to Aman.
Any suggestions......
