msr999
03-03 08:41 PM
EB2 gets unused EB1 quota. So potentially more GC numbers under EB2. Now I am not sure if EB1 is fully utilized or not so it might not really matter.
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
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pappu
05-14 11:47 AM
I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
go_guy123
10-08 09:00 PM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
JwbLZYSCCiw
Kaab taak ???? Hazaaron H1B/EB-I shaheed hone ke baad.
JwbLZYSCCiw
Kaab taak ???? Hazaaron H1B/EB-I shaheed hone ke baad.
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maverick_s39
01-13 06:05 PM
hi sathweb
Here is a link i found on immigration.com
http://www.immigration.com/newsletter1/submemoins.html
The last section "C. Disposition of Substitution Requests" says
"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"
This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
Here is a link i found on immigration.com
http://www.immigration.com/newsletter1/submemoins.html
The last section "C. Disposition of Substitution Requests" says
"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"
This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
more...
enthu999
07-17 12:50 PM
your comments are very helpful.
eb3_nepa
12-18 12:37 PM
In the long run EB2 will be better than EB3
Or WILL it? :rolleyes:
Or WILL it? :rolleyes:
more...
LookingForGC
12-16 12:18 PM
As long as your employer didnt revoke your H1, and you are in same employer from the beginning, you are fine to re-renter to US.
Friend of mine had the same experience, and he entered with no issue in 2005. Not sure if anything changed after that.
Friend of mine had the same experience, and he entered with no issue in 2005. Not sure if anything changed after that.
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helmet
01-09 11:21 AM
yes you need to get transit visa for France.
You can get passport extended here in NY the same day.
You can get passport extended here in NY the same day.
more...
amitjoey
09-13 03:46 PM
The chances this time are NONE. The chances in the session after November elections are better but still slim. It will most likely be taken up in spring or summer of 2011.
For us the chances are always slim because:
1) We will keep bickering and fighting amongst ourselves
2) We will not go and talk to the legislative offices to make them understand our problems and issues.
3) If we continue to not stand up and be counted.
We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.
If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.
So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.
For us the chances are always slim because:
1) We will keep bickering and fighting amongst ourselves
2) We will not go and talk to the legislative offices to make them understand our problems and issues.
3) If we continue to not stand up and be counted.
We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.
If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.
So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.
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fittan
07-13 12:17 PM
Just joined this board 30 minutes ago. I've signed and sent this petition.
more...
shirish
01-02 12:05 PM
Thank you very much.
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Where did you see $15 only charge only for delivery. I am in a similer situation, passport expirig in oct 2007. Can you point me to the web page?
I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.
Pls clarify.
Thanks
Where did you see $15 only charge only for delivery. I am in a similer situation, passport expirig in oct 2007. Can you point me to the web page?
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pappu
02-02 02:54 PM
House Immigration Subcommittee Holds Hearing on Naturalization
On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.
Remarks by Subcommittee Members
In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.
Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)
USCIS Director Emilio Gonzalez
Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.
In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.
Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.
During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.
Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]
Non-Government Witnesses
Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.
Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.
In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.
Additional Information
In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.
He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.
On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.
Remarks by Subcommittee Members
In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.
Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)
USCIS Director Emilio Gonzalez
Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.
In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.
Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.
During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.
Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]
Non-Government Witnesses
Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.
Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.
In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.
Additional Information
In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.
He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.
more...
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akilaakka
07-28 01:17 PM
Yes I had one
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pune_guy
08-20 06:04 PM
Hi,
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
more...
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chandrajp
06-19 01:14 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
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thomachan72
06-01 06:48 AM
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
more...
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fullerene
06-30 09:11 AM
CIR is dead and DOS is trying to revise its VB. these two are good news from some aspects. They will help us to concentrate our focus on strategy. Here are some of my suggestions:
1) We may have limited power to speak out alone. But we can unify all groups, parties or sources which will benefit our strategy, such like business group, AILA/AILF, Ombudsman of USCIS, some media reporters and capitol hill insiders.
2) Short term strategy - To revise petition process
a) I/140 and I/485 are the continous steps of the process for imigration petition. Right now. they are broken by VB. Applicants with approved I140 should file petition right away.
b) Following Ombudsman's suggestion included in his 2007 report, we shall suggest that the visa number shall be issued within 180 days of the processing window regardless the visa number availability and conclusion of the name check. The procedure chance will significantly improve the VB predition and limit the waste of visa numbers or revision of the VB during the middle of the month.
c) Started with new fees, the application of I-485 will be a package including AP and EAD. The renewal of AP and EAD will be removed during the pending of I-485. Then following the suggestion b, we shall request USCIS to provide a case process report after 180 days indicating the status of the process if it can not be concluded within 180 days.( reasons maybe name check or visa availability). Furthermore, USCIS shall have temporary green cards for the applicants whose applications have been approved but the green cards could not be issued due to other reasons as mentioned above. and teh temporary green cards shall be renewed peroidically or be replaced by formal cards if everything is clear.
d) name check shall be concluded within a reasonable time window. Otherwise name check won't be a sense. Generally speaking, people with a longer history will take more time to complete the process and people with all documentations will take more time to complete it compared with illegal ones since they don't have any records at FBI. Also validation will be questioned if the process takes too long. If the process takes three years, so how to make sure that there is nothing during these three years? Also most of us report our status faithfully, have inspections when re-entering the states.
e) In order to avoiding wasting visas, USCIS shall have some time to complete the previous year's visa left-over, such as first 2 monthes.
3) Long term strategy- flexible visa cap according to market requirements
1) We may have limited power to speak out alone. But we can unify all groups, parties or sources which will benefit our strategy, such like business group, AILA/AILF, Ombudsman of USCIS, some media reporters and capitol hill insiders.
2) Short term strategy - To revise petition process
a) I/140 and I/485 are the continous steps of the process for imigration petition. Right now. they are broken by VB. Applicants with approved I140 should file petition right away.
b) Following Ombudsman's suggestion included in his 2007 report, we shall suggest that the visa number shall be issued within 180 days of the processing window regardless the visa number availability and conclusion of the name check. The procedure chance will significantly improve the VB predition and limit the waste of visa numbers or revision of the VB during the middle of the month.
c) Started with new fees, the application of I-485 will be a package including AP and EAD. The renewal of AP and EAD will be removed during the pending of I-485. Then following the suggestion b, we shall request USCIS to provide a case process report after 180 days indicating the status of the process if it can not be concluded within 180 days.( reasons maybe name check or visa availability). Furthermore, USCIS shall have temporary green cards for the applicants whose applications have been approved but the green cards could not be issued due to other reasons as mentioned above. and teh temporary green cards shall be renewed peroidically or be replaced by formal cards if everything is clear.
d) name check shall be concluded within a reasonable time window. Otherwise name check won't be a sense. Generally speaking, people with a longer history will take more time to complete the process and people with all documentations will take more time to complete it compared with illegal ones since they don't have any records at FBI. Also validation will be questioned if the process takes too long. If the process takes three years, so how to make sure that there is nothing during these three years? Also most of us report our status faithfully, have inspections when re-entering the states.
e) In order to avoiding wasting visas, USCIS shall have some time to complete the previous year's visa left-over, such as first 2 monthes.
3) Long term strategy- flexible visa cap according to market requirements
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ABC of GC
06-14 12:57 PM
I think I am in the same boat,
I am almost ready to file 3 years H-1 extension based on I-140 approval and priority date not current (as of day before yesterday that is what we all knew). Since I don't have 365 days for the labor filing, I am not eligible for 1 year extension.
I wrote that to my lawyer and they told me that we can still file before the end of June using premium processing since the priority date are current effective July 1st. But they don't know how USCIS will act. They may approve the extension for 3 years or they may deny the extension.
What you guys suggest.
Completed initial 6 years of H-1 in December 2005
Priority Date October 19th, 2006
I-140 approval - April 13th, 2007
Current H-1 expires October 15th, 2007
I am almost ready to file 3 years H-1 extension based on I-140 approval and priority date not current (as of day before yesterday that is what we all knew). Since I don't have 365 days for the labor filing, I am not eligible for 1 year extension.
I wrote that to my lawyer and they told me that we can still file before the end of June using premium processing since the priority date are current effective July 1st. But they don't know how USCIS will act. They may approve the extension for 3 years or they may deny the extension.
What you guys suggest.
Completed initial 6 years of H-1 in December 2005
Priority Date October 19th, 2006
I-140 approval - April 13th, 2007
Current H-1 expires October 15th, 2007
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div_bell_2003
03-06 02:03 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
transpass
02-19 05:44 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
kmkk2006
04-09 11:08 PM
Hi
There is no approval notice for PERM labor. USCIS puts the approval number and date on the application itself which contains the job duties. I hope this helps.
Thanks.
There is no approval notice for PERM labor. USCIS puts the approval number and date on the application itself which contains the job duties. I hope this helps.
Thanks.
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