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srkamath
07-13 10:42 AM
Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most. A good number of those filers had earlier PDs.
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
The quarterly statutory quota for EB2 I or C is so puny (something like 700 visas) that any movement would almost entirely be dependent on the Eb1 and EB2ROW overflow. That is why I feel, once this next two months pass, we will see dates back in 2004 for EB2. Maybe not quite back in April, but sometime in the middle to later 2004. However we could see PDs move at a healthy clip for EB2 I and C next year. It will take most of next years overflow to clear up the EB2 backlog in my view.
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
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GCapplicant
03-17 12:27 PM
EB3 -July 2004 PD
FP done
EAD received
AP not yet received.
FP done
EAD received
AP not yet received.
gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
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ajthakur
07-14 05:47 PM
Should I send a AC21 letter to USCIS along with my new employment letter?
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
Who is the best attorney for such cases?
Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
ajthakur,
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Hope this helps...I am not an attorney, but thought my few cents might help you.
InTheMoment
07-13 11:39 PM
Thanks for the latest info. Would be interested to know about this change...
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
hpandey
07-11 01:59 PM
Thanks. Any input in this tough time is really appreciated. All I am trying to get is , any clue , any information to see the light at the end of this Long Dark Tunnel of EB-3.
Currently the tunnel is closed at the end for EB-3 :mad: and the only way out I see is for us EB-3 folks to dig through. No one cares about EB-3 I folks. That's the way I see it.
Currently the tunnel is closed at the end for EB-3 :mad: and the only way out I see is for us EB-3 folks to dig through. No one cares about EB-3 I folks. That's the way I see it.
Rajeev
06-10 04:06 PM
Done
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krishna.ahd
01-30 01:21 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
svr_76
02-18 05:55 PM
This is for the great aid of the undocument folks....this bill is meant more for them not for us folks...
Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
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feedfront
09-21 12:23 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
harish
04-23 08:06 PM
Congratulations Googler!
Hopefully we can still look forward to receiving updates from you in the future! :)
Hopefully we can still look forward to receiving updates from you in the future! :)
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NKR
09-18 09:49 AM
It is not end of the world. But end of the economy as we know it. People smarter than me and you have said this is turning into an armageddon.
Economy is falling, people are losing jobs, fuel prices are rising, depressing is coming, housing market is going down. Look at the brighter side, if you invest in constructing industry building apartments you can make money now.
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
Economy is falling, people are losing jobs, fuel prices are rising, depressing is coming, housing market is going down. Look at the brighter side, if you invest in constructing industry building apartments you can make money now.
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
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GreenCard4US
07-12 11:50 PM
Well said GCBY3000. Since something is going to happen, she wants to project herself as though she put in some effort. A few months back when I made a phone appointment with her, she was not at all helpfull. All she kept saying was, we can do it for you for so many $$$. It was all about money, money and money. I honestly doubt her intentions.
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rajuram
11-11 10:43 AM
WE SHOULD try to MARKET HOW the high tech IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES.
Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....
Did anyone listen to NPR on this topic recently? Looks like people are open to the idea, but some one has to give more visibility to this topic. Can IV do it.....
