Monday, June 27, 2011

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  • waitingnwaiting
    05-20 09:32 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

    I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.





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  • Beemar
    12-09 04:44 PM
    I insist that the name of the person who used profane language on IV website be revealed. It is a serious and urgent issue. Such people must be exposed for the public good.





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  • gcformeornot
    12-31 02:20 PM
    there are about 40%..... so lots of them....





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  • fromnaija
    09-01 12:27 PM
    Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


    -Nola

    Congrats on your approval which I read about on another thread. This proves my point about FP reuse via BSS.



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  • gcformeornot
    12-31 02:20 PM
    there are about 40%..... so lots of them....





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  • natrajs
    09-05 12:11 PM
    What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.

    Why should I worry about it? Do you really think you can make a difference?

    Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?

    You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.

    So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)


    I may have early PD but it doesn't make GC is granted, rather than focus on �What�s in for me� please focus on common issue.

    Great people had not thought about themselves, they always thought about the future.

    There is old say in my country that a person who plants a tree will not be get benefited through that, but still plant it; the reason is that the person believes that the tree will give benefits to the future generations



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  • insbaby
    08-10 08:23 AM
    Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.

    There are couple of issues:

    1. You are trying to form a small group inside a big one.

    2. You PD should be in Jan/Feb/Mar so you worry about people just blocking your way.

    Where would the people after 2004-Jan PD go, as we are reaching Jan-2009.





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  • meridiani.planum
    11-03 01:50 AM
    Hi,

    My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.

    We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.

    1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
    2) Is it my right to get a copy of the RFE?
    3) How come the case status did not change on USCIS website?

    My current visa expires on Nov 20th. Please advice ASAP!

    sorry to say but your employer is useless. by playing around with your H1 petition he is messing around with your legal status in the US. Since he has already proven himself untrustworthy, I would suggest you move on asap: find another job and transfer your H1. Since you already have a client, should be easier to get a transfer done. Also, do the transfer with premium processing even if you have to pay $1k out of your own pocket.

    P.S: H1 is his own petition, you are just the beneficiary. You dont have a right to see the RFE and he does not have an obligation to share information about it with you. Thats the legal part. morally and ethically the way he is acting sucks.



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  • sam_hoosier
    06-22 04:47 PM
    Is this based on where my I-140 is filed ? If so, it will be Nebraska.





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  • indianabacklog
    10-31 07:20 AM
    My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:

    I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.

    If you want to try to speed this up, go online, make an infopass appointment at your local office and have them send an email or fax on your behalf.

    I am not excusing the IO's right now but can you imagine the amount of calls they have had to endure since the July fiasco and the mounds of applications that they are having to deal with through no fault of their own.



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  • GC9180
    06-19 05:29 PM
    Most medical centres/DRs are ripping off $$ on medical examination.
    How to avoid/escape most of the cost..I just paid $200
    First know about medical examination, as to whats done..
    At any medical centre the basic cost should be around $185 - $200 (based on in/out of edison area)
    - $185 Dr. Gita Dalal, U.S. Healthworks. 16 Ethel Road, Edison, NJ 08817 - (732) 248-0088
    - $200 Dr. David Rizzo, Union Family Medicine. 2300 Vauxhall Road, Union, NJ 07093 - (908) 688-4424 **WALK-IN 9-6pm***

    Basic should include
    1) blood work to test HIV & ppr(forgot name)
    Note #1) this blood work does not check for MMR, Vericella, Tetanus
    Note #2) No blood can check if one needs vaccination for Tetanus. Only MMR (measles - mums - rebella) and Vericella can be checked thru blood work, if a person needs it or not. Again i repeat the blood work done for medical test does not check for MMR or Vericella
    Note #3) Vericella is nothing but chickenpox vaccine. Do not get confused
    Note #4) Good medical centres (who do not rip off, like the two clinics i noted) just ask for proof (vaccination record) for the above three vaccines.
    Note #5) Some say vericella not need bcoz of age like 35+, but immigration needs it
    2) Skin test (PPD) for TB. Once given revisit after 48-72 hrs. If result is +ve, do X-ray which is additional $50
    3) Paper work in sealed envelope.
    Note #1) ask for a copy and check if everything is checked, signed etc..., also fax/scan to lawyer so that he can check to if everything is correct. If any errors get it corrected from the medical center.


    I felt these centers are ripping off
    # Dr. Magdy Shenouda, Wellness Center
    1706 Corlies Avenue, Second Floor, Neptune, NJ 07753 (732) 775-4138
    $340.00 basic
    # Dr. Seymour Wexler 999 Raritan Road, Clark, NJ 07066 (732) 381-3740
    $325.00 basic
    # Dr. Joseph Arno, Williamsburg Commons 10 Auer Court, East Brunswick, NJ 08816 (732) 390-8888
    390.00 includ vac (forced to take vaccine)
    also 1080 stelton road, edison,nj

    HOW TO AVOID VACCINATION COST?
    It depends on your insurance plan
    I got Horizon BCBS of NJ - HMO. according to plan i can get vaccination from primary care physician - no charges. The process is Dr does blood work to check if one is immune to MMR and vericella. eg. if blood work says the person is immune to MMR not Vericella, then the Dr gives vaccine for vericella and not MMR. The note from Dr would say MMR not need and vericella was given. Regd Tetanus, Dr gave me the shot as i did not have record to prove it was given earlier ...nor blood work can prove if one needs it or not.
    Blood work takes 2-3 days.

    Note: you need not have vaccination record at time of medical examination. I told the above two mentioned clinics that i will bring it (vacition record/report) later from Dr...they agreed. Remember till you show them they are not going to give you your report.

    I felt $185-$200 reasonable around edison,NJ bcoz thats the lowest rate i got for basic(blood work,skin/TB test,report) without vaccination + they agreed if you have vaccination record that would be sufficient.

    So if you have plan which covers vaccination + a clinic which takes your vaccination proof/record...then your cost is just $200 ONLY or max $250 (if need XRAY for TB)

    Hope the above helps...

    regards


    NOTE: correct me if i got anything WRONG...thanks





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  • h1bemployee
    06-25 04:18 PM
    1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    2. What was amendment for?
    amendment is for change in annual salary
    3. Why H-1B amendment was denied?
    The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
    The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.

    Please answer these questions, before I can put my opinion.


    _______________________
    Not a legal advice.
    US citizen of Indian origin

    Pls see my answers under the questions



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  • rajmalhotra
    02-08 04:46 PM
    This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:

    "Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"

    From www.immigration-law.com
    ---------------------------------

    01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
    � Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
    � Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
    � However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.


    This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.

    http://immigrationvoice.org/forum/showthread.php?t=16188





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  • GCNOMAD
    03-07 01:58 PM
    Just a quick comment on S4165504 reply based on my experiences that I posted before on the same thread.

    The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.

    In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.

    Regards



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  • singhsa3
    04-30 05:11 PM
    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.

    So far I have the following rational (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.

    Facts

    1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
    2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.

    Assumptions
    1. Each labor application uses in 2.2 visas.
    2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
    3. Total BEC visas requirements 180,000*2.2= 396,000
    4. NIW applications are negligible.
    5. Retrogressed countries account for 50% of visas used.


    Calculations
    Scenario 1: Visa processing time is Zero
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
    2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
    3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521

    Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
    1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
    2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
    3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.

    What it means:
    BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.

    Conclusion:
    Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
    Last update:
    Time 11.32 AM ET , 05/01/08.





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  • pa_arora
    07-23 04:24 PM
    You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.

    I would say its worth giving a shot.

    [You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]



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  • amitga
    08-24 01:29 PM
    Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.





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  • amulchandra
    05-10 02:16 PM
    Actually I am using IE.

    Thank you

    Indira





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  • REQUIRE_GC
    07-12 10:47 AM
    Thanks a lot for your valuable input.

    But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

    Please let me know.

    Thanks for all your input in advance.

    I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time





    tiinap
    02-01 08:22 PM
    Right, the Senate is definitely the key. Because after all, right now we have a president who has always supported expanding legal immigration and look how far that has taken us in the last 8 years :).
    Still, the President has important powers:

    (S)he can set the course on this issue, and continue to push for CIR and shape the discussion in a positive direction, or just neglect this topic.
    More importantly, the President has veto powers. If our president will be Romney, I'm afraid he'd veto bills that do anything to expand legal immigration, and just ramble on about the fence. If our president will be Hillary, I'm afraid she might gladly sign a bill that wipes out the H1B program (she has said that she wants to have a temporary worker program for agriculture only) or cuts back on EB immigration even further.


    I think our fates do depend to some extent on who the next President will be. I'm just curious who should I be rooting for and who should I recommend that my U.S. citizen friends vote for, because it's hard to make sense of their message.





    jasmin45
    07-31 06:44 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
    Thanks
    I think, Receipt of the EAD application will come to you.



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