pd_recapturing
07-10 08:52 PM
You sure abt this. I could not find it @immigration-law. Can you post the link here ?
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desi3933
03-08 12:41 PM
Why do you assume this is an indian website and everyone can understand hindi. This website has a purpose and if people like you write in hindi you will annoy a lot of people.
Very true and only about 40% of Indian can undersatnd Hindi.
Don't Worry, Be Happy
http://en.wikipedia.org/wiki/Don't_Worry,_Be_Happy
Very true and only about 40% of Indian can undersatnd Hindi.
Don't Worry, Be Happy
http://en.wikipedia.org/wiki/Don't_Worry,_Be_Happy
raju123
07-05 10:07 AM
What does it mean????
Did they pre-approve and assigned visa number to certain application as on July 1 and going to send approval notice later???? If they haven't approved cases and assign visa number before July 2, how come they process and approve pending application after July 2?????
This is terrible mess!!!!
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
Did they pre-approve and assigned visa number to certain application as on July 1 and going to send approval notice later???? If they haven't approved cases and assign visa number before July 2, how come they process and approve pending application after July 2?????
This is terrible mess!!!!
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
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nk2006
10-09 04:00 PM
As far as H-1, I don't understand: wont you need an H-1 transfer from your new employer, in that case the 3 yr extension will come from him, so it shouldnt matter if your old employer revokes I-140, since anyway you are planning to restart gc process.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
more...
boogie2007
04-18 04:00 PM
my I485
PD = nov, 2003 , EB2
RD = 2nd July, 2007
ND = 6th Oct, 2007
FP = 1st Nov, 2007
Name check : still pending
spouse Name check got cleared.
latest lud updated : 04/18/2008 ?
PD = nov, 2003 , EB2
RD = 2nd July, 2007
ND = 6th Oct, 2007
FP = 1st Nov, 2007
Name check : still pending
spouse Name check got cleared.
latest lud updated : 04/18/2008 ?
gcphul
11-19 05:59 PM
Hi guys
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
more...
pkd666
02-14 11:20 AM
I had the same problem with my desi employer about a couple of years ago. Tell him that you are going to call the IRS if he does not correct the W2. then go ahead and call the IRS. they will send him a letter, most often than not it should take care of things, otherwise the IRS will investigate the employer.
I hope you have the Pay stubs to prove your claim.
I hope you have the Pay stubs to prove your claim.
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houston2005
07-10 10:19 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
In EB1, there is a category Aliens of Extraordinary Ability where you don't need employer sponsorship.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
In EB1, there is a category Aliens of Extraordinary Ability where you don't need employer sponsorship.
more...
Naruto
10-05 05:21 PM
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?
is there a relationship between taxes and Immigration?
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?
is there a relationship between taxes and Immigration?
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GCard_Dream
01-03 03:36 PM
I am sure we'll all hear from IV core team when it's time to start our phone and fax campaign in support of this or any other beneficial EB provisions to be included in the supplemental bill, if it ever happens of course.
I believe this is where IV stands in terms of strategy:
For minor/intermediate relief: Supplemental bills.
For major relief: SKILL Bill
For everything else: There is CIR :D
I believe this is where IV stands in terms of strategy:
For minor/intermediate relief: Supplemental bills.
For major relief: SKILL Bill
For everything else: There is CIR :D
more...
Dj-Studios
05-23 03:57 AM
I am going to take that as a VERY big complament. Thank you nj!:D
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talash
05-21 06:51 PM
they sent 290B with denail .what documents did u send with MTR? so repeipt number would be new not the one i have for 140?
more...
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natrajs
08-23 07:25 PM
All the 485 Applicants Should get a FP Notice except for the Minors, In some instance Minors too get it
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jliechty
June 14th, 2004, 12:33 AM
Not to throw more rocks into the gears here.. But unless the S2 has been updated (which I don't follow really), it was using the chip that was in the Nikon D1 I believe?
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
I don't recall reading anything about Nikon D1 tech being in the Fuji S2... noise seems related to the image capturing sensor and the electronics that follow. The S2 uses Fuji's SuperCCD (which stacks the pixels in a different pattern that allows for slightly better resolution in the "12" MP mode - which certainly doesn't come near the 1Ds, but some say it is better than the 6MP DSLRs, and no, I've not seen a S2 vs. 1DMKII comparison yet). What instead might actually "throw more rocks in gears" is that Thom mentions at the bottom of his review that he's heard more complaints about S2 reliability than other Nikon-based DSLRs, which is worse when one considers the fact that there aren't as many S2s out there as other Nikon DSLRs. It's a good camera image-quality wise, but it's expensive compared to other 6MP DSLRs, and there are questions about reliability. You pays your money and you takes your choice :)
If that is such the case, ISO800 is noisy and you can't really shoot above that.
Disregard this if it is newer tech and I'm completely off base.
-- Matt
I don't recall reading anything about Nikon D1 tech being in the Fuji S2... noise seems related to the image capturing sensor and the electronics that follow. The S2 uses Fuji's SuperCCD (which stacks the pixels in a different pattern that allows for slightly better resolution in the "12" MP mode - which certainly doesn't come near the 1Ds, but some say it is better than the 6MP DSLRs, and no, I've not seen a S2 vs. 1DMKII comparison yet). What instead might actually "throw more rocks in gears" is that Thom mentions at the bottom of his review that he's heard more complaints about S2 reliability than other Nikon-based DSLRs, which is worse when one considers the fact that there aren't as many S2s out there as other Nikon DSLRs. It's a good camera image-quality wise, but it's expensive compared to other 6MP DSLRs, and there are questions about reliability. You pays your money and you takes your choice :)
more...
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snathan
11-15 04:18 PM
No...if its going to take the quota from 104K and if there is going to be any loophole.
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gcwanter
06-15 11:39 AM
Is it true that the reports for the medical check will take almost 4 weeks to come back?
more...
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starving_dog
05-27 11:34 AM
I believe that the illegal immigrant issue is the sticky whicket and that section of the legislation will be slashed and burned.
For us, I think that the House will want a reduction in EB visas. They may go for removing the dependent's counting against the quota to even it out.
Just a humble opinion. IV keep up the good work and remember, you can't please all the people all the time.
For us, I think that the House will want a reduction in EB visas. They may go for removing the dependent's counting against the quota to even it out.
Just a humble opinion. IV keep up the good work and remember, you can't please all the people all the time.
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kris04
07-10 01:58 AM
Anyone who had good knowledge of AC21 same/similar, please reply.
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.
Good Luck
kris
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.
Good Luck
kris
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forgerator
05-27 05:46 PM
If USCIS was a tv company here is what would happen:
A person would purchase the tv and after the warranty expires within 3 years, the person will need to apply for extended warranty at a designated USCIS tv store before he can use the TV again.
Once the owner 'applies' to purchase warranty, the USCIS can choose to hand out a yellow form for further administrative processing, this can take anywhere from 2 weeks to 4 months, within which time , the owner is not allowed to switch on the TV. Once the warranty is approved and purchased, owner will need to repeat this process every other year.
A person would purchase the tv and after the warranty expires within 3 years, the person will need to apply for extended warranty at a designated USCIS tv store before he can use the TV again.
Once the owner 'applies' to purchase warranty, the USCIS can choose to hand out a yellow form for further administrative processing, this can take anywhere from 2 weeks to 4 months, within which time , the owner is not allowed to switch on the TV. Once the warranty is approved and purchased, owner will need to repeat this process every other year.
pd052009
05-10 11:47 AM
Wondering whether the people who are affected by 221g have gathered to fix this issue? I hope many H1B holders will be ready to join.
Dhundhun
08-05 05:34 PM
PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.
For unmarried sons and daughters of GC holder same PD is given as of parent - I saw couple of documents.
I am not sure about (2A) cases.
For unmarried sons and daughters of GC holder same PD is given as of parent - I saw couple of documents.
I am not sure about (2A) cases.