frostrated
10-26 10:58 AM
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
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benbear
11-08 05:06 PM
I don't think 655K is a lot. Remember, 655K is for both EB and FB.
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
get real man... 655K is lot of applications
just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
Also this time is on the top of what we have already waited for till now.
When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
get real man... 655K is lot of applications
just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
Also this time is on the top of what we have already waited for till now.
When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.
mambarg
08-03 05:18 PM
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?
Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.
Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?
Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?
Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.
Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?
Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
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Dakota Newfie
03-27 09:18 AM
My immigration attorney said it was OK for my wife to "volunteer" as long as the work was "volunteer", i.e. something a US citizen could "volunteer" to do.
She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.
She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.
more...
theperm
05-07 02:49 PM
since leaving the employer was not my intent but the employer`s decision
RanchCharm
07-17 08:47 PM
Hi Sivamayam,
Thanks for the information. I will listen to the calls. It is soothing though to here something favourable.
I will keep checking this forum & others for similar questions & replies.
Thanks,
Nachi
Thanks for the information. I will listen to the calls. It is soothing though to here something favourable.
I will keep checking this forum & others for similar questions & replies.
Thanks,
Nachi
more...
Ramba
04-13 06:13 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.
2010 the royal wedding 2011 date.
qwert_47
09-26 01:17 AM
Thanks for the advices/suggestions.
The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.
Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.
Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.
TIA
The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.
Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.
Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.
TIA
more...
pappu
08-10 03:59 PM
we lost a golden oportunity to do a fund drive. Historically during good news period a lot of members participated in the fund drive, but because the IV website is broken and the threads are displayed irratically and not in the latest order the funding drive threads are hidden and irrelevant one post threads are showing up. We might have lost out on a 10 to 20k worth of funding because of this mistake. I request the core team to please fix this immediately. A lot of new members have joined IV and they might not particiapate in the funding drive because of this thread mistake.
All this needs funds and time. Either we invest in lobbying or maintain a forum. It is tough. With $20 dollars it had been difficult.
All this needs funds and time. Either we invest in lobbying or maintain a forum. It is tough. With $20 dollars it had been difficult.
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nlssubbu
12-08 12:17 PM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
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paskal
12-21 11:11 AM
we will be delighted to have you folks joining in
hot the royal wedding date,
Templarian
11-25 01:17 AM
Just wait till the end and vote for the one that's closest to winning.You probably noticed, but that's what he is doing. :dilbert:
Also, good to see people like Stargate and get that reference.
Also, good to see people like Stargate and get that reference.
more...
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Rockford
07-17 02:19 PM
can you provide the link to that blog? I cannot find it.
http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
http://blogs.ilw.com/gregsiskind/2007/07/immigration-v-1.html#comment-76176292
tattoo Royal Wedding Date And Time
cptbaseball
05-14 11:22 AM
Hi attorneys,
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
more...
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anindya1234
07-17 10:08 PM
I-140 was from TSC; I filed on July 2..but the employment letter was addressed to NSC. Will that be a problem?
dresses royal wedding date and time.
nobody
05-27 02:16 PM
soul's sucks=)
more...
makeup The royal wedding date is set:
krish2005
11-09 08:47 PM
I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
girlfriend The wedding ceremony will be
vin13
09-29 02:29 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
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lazycis
04-05 02:24 PM
I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
sledge_hammer
02-08 05:25 PM
Love to take the poll, but it is excluding all but a section of members - you take it for granted that this is an Indian only forum and organization
My bad! I just copy-pasted from a similar named thread and renamed EB3 to EB2 :o
My bad! I just copy-pasted from a similar named thread and renamed EB3 to EB2 :o
ash0210
06-28 04:10 PM
India's independence day Aug-15-1945...
Thats "New" to ALL of us....
kumjay, really Mera Bharat Mahan!!!
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
Thats "New" to ALL of us....
kumjay, really Mera Bharat Mahan!!!
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
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