nortam1
09-15 02:04 PM
Can't see them. Already refreshed and deleted cookies.
Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?
Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?
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rajmalhotra
02-08 04:46 PM
This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
bestia
07-20 02:37 AM
I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
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coolpal
06-30 12:58 PM
so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)
From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...
pal :)
From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...
pal :)
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bbct
02-11 06:01 PM
http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm
There were empty spaces in the URL. Try this...
http://www.prweb.com/releases/2009/02/prweb2000494.htm
There were empty spaces in the URL. Try this...
http://www.prweb.com/releases/2009/02/prweb2000494.htm
god_bless_you
04-06 02:11 PM
Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.
If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
I am sure on that.. Please check with a Immigration attorney!
If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
I am sure on that.. Please check with a Immigration attorney!
more...
sanju
01-23 11:41 AM
I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!
Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?
.
Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?
.
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ss1026
02-07 12:44 AM
The immigrant visa dates for EB-2 ROW (France is part of ROW - Rest Of the World) are current. That means if you convince your company to apply for a EB-2 GC, it could be approved quickly, probably within a year or two. Just for comparision, EB-2 dates for India are in Early 2004 (that is a five year wait). It makes sense to go with EB-2 employment GC. I am an India and the wait for us is the longest across the board. In the current economic scenario, it might be prudent to wait a bit before starting your employment GC. It is best to follow your attorney/firms advice on the timing.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
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manjunathk
07-18 01:00 AM
Let's send him "Get well soon" flowers with a letter explaining the REAL problem we (legal) immigrants face.
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logiclife
01-31 10:47 AM
You are not helping yourself by saying such things.
Believe me, everyone here knows ins and outs of consulting business, the desi employer, the Nick Mandallappas of the world etc. etc.
By saying such things on public forum you are helping the enemies who are arguing the exact thing they say to oppose H1b and oppose EB greencards.
I would urge you to restrain raw emotions, especially on public forums, and help us put arguments in an articulate way.
Sarcasm and rhetoric will not take you an inch away from where you are right now.
--logiclife.
Believe me, everyone here knows ins and outs of consulting business, the desi employer, the Nick Mandallappas of the world etc. etc.
By saying such things on public forum you are helping the enemies who are arguing the exact thing they say to oppose H1b and oppose EB greencards.
I would urge you to restrain raw emotions, especially on public forums, and help us put arguments in an articulate way.
Sarcasm and rhetoric will not take you an inch away from where you are right now.
--logiclife.
more...
nabs501
07-27 04:31 PM
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
I did put in my A# which I then thought was same as the A# listed on the EAD for OPT. Obviously, I was wrong.
My point is, it's OK if you don't put in your A#.
But it would help if you put the receipt #.
They just use all of this information to retireve your record. If there's some information missing such as the receipt number, it would just take them longer to retrieve your records.
Try to get atleast the I140 receipt number from your employer. Dont worry about the A# (just put in NONE). I think they can very well dig out your application based on the receipt number.
Even if you dont get the receipt number, go ahead file the form and provide as much details as you possibly can regarding the I140 petition; attach a separate sheet if needed.
Dont forget to get the form notarized.
I did put in my A# which I then thought was same as the A# listed on the EAD for OPT. Obviously, I was wrong.
My point is, it's OK if you don't put in your A#.
But it would help if you put the receipt #.
They just use all of this information to retireve your record. If there's some information missing such as the receipt number, it would just take them longer to retrieve your records.
Try to get atleast the I140 receipt number from your employer. Dont worry about the A# (just put in NONE). I think they can very well dig out your application based on the receipt number.
Even if you dont get the receipt number, go ahead file the form and provide as much details as you possibly can regarding the I140 petition; attach a separate sheet if needed.
Dont forget to get the form notarized.
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h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
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roseball
03-29 03:34 PM
Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
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mhtanim
10-09 12:07 PM
For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.
Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.
Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.
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GCard_Dream
06-25 01:00 PM
I have done this successfully couple of times and don't see any problem with it. It does save money and picture quality is great, if you have the proper setup at home.
Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?
Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?
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Xipe Totec
03-01 06:42 PM
California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Hmmm, then how come my labor filed in 2002, approved by SWA in 2003 was still pending when BECs were created (and then went to Philly to rot further)?
So no -- California DOL sucked big time (at least for cases filed from California, it was somewhat faster for Washington, Arizona, etc.)
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Hmmm, then how come my labor filed in 2002, approved by SWA in 2003 was still pending when BECs were created (and then went to Philly to rot further)?
So no -- California DOL sucked big time (at least for cases filed from California, it was somewhat faster for Washington, Arizona, etc.)
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Munna Bhai
08-30 07:53 AM
copy of first and last paystubs of all employers?
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).
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pappu
07-26 10:55 AM
pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.
no my point was--
is there an expiry date for labor approval if 140 is not filed?
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.
no my point was--
is there an expiry date for labor approval if 140 is not filed?
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lvinaykumar
04-22 03:42 PM
Wow , that is really cool. and really fast Congrats.....and good luck
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number
hbk
04-14 07:57 PM
Hello,
I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.
Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?
1. Resume
2. Master's mark sheets,Degree & Transcript
3. Bachelor's Mark Sheets,Degree & Transcript
4. Previous H1B Approval Copies
5. Old & New passport copies
6. I-94 Copy (Front & Back)
7. Client Letter with resposiblities,role,technologies & project details (without end date)
8. Business card for me from client
9. Business card for Client Manaager
10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
11. Last six months pay checks.
12. Last three years W2’s (2007, 2008, 2009)
13. Copy of I-140(EB-2) Approval notice
14. SSN Copy
15. Driver License Copy
16. Degree evaluation report
17. Contract papers between employer & vendor (not purchase/work order)
18. Employment Offer Letter between Employer and Employee
Model : Employer(Consulting) --> Vendor --> Client
Working for this client from last 20 months.
Above documents are enough to get approval ?
What are the chances of RFE?
What are the chances of approval without & with RFE ?
I will greatly appreciate your response.
Thanks.
I have applied for H1B Extension for 3 years based on I-140 approval at VSC under premium processing.
Just want to know that I have submiited following documents along with it, are they sufficient/enough to get approval?
1. Resume
2. Master's mark sheets,Degree & Transcript
3. Bachelor's Mark Sheets,Degree & Transcript
4. Previous H1B Approval Copies
5. Old & New passport copies
6. I-94 Copy (Front & Back)
7. Client Letter with resposiblities,role,technologies & project details (without end date)
8. Business card for me from client
9. Business card for Client Manaager
10. Vendor Letter with resposiblities & project details (stating that can't provide contract papers between vendor & client due to client's policy)
11. Last six months pay checks.
12. Last three years W2’s (2007, 2008, 2009)
13. Copy of I-140(EB-2) Approval notice
14. SSN Copy
15. Driver License Copy
16. Degree evaluation report
17. Contract papers between employer & vendor (not purchase/work order)
18. Employment Offer Letter between Employer and Employee
Model : Employer(Consulting) --> Vendor --> Client
Working for this client from last 20 months.
Above documents are enough to get approval ?
What are the chances of RFE?
What are the chances of approval without & with RFE ?
I will greatly appreciate your response.
Thanks.
Project_A
10-27 09:23 AM
Your situation is exactly like mine. Got OCI for first kid and PIO for the second.
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
Yes, rules have changed now. They denied OCI application submitted by a friend of mine (for his daughter). PIO is the only available choice.
We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.
We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.
Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “
I would like to know if anyone had a similar experience. Appreciate your inputs.
Project_A
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