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  • sabudanawada
    02-27 03:20 PM
    once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
    before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
    the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.

    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?




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  • wandmaker
    09-30 09:58 AM
    Thanks Chanduv23...this really helps to keep up the spirit.

    Does anyone know how long does it take to get the mail?

    You should have it by end of the week or before middle of next week.




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  • ssnd03
    07-12 04:10 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

    It will not solve retrogression which is a bigger problem, but requires congressional action for number increases

    BTW my AOS is pending due to indefinite background check delay.




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  • Beta_mle
    02-20 06:52 PM
    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.

    Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.

    Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?

    Thanks!



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  • TheCanadian
    11-26 04:38 AM
    I will? That's surprising!

    oh you minx you




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  • Berkeleybee
    02-15 01:34 PM
    Just want to say that the public's opinion is already visible in the "public's" choices -- I mean, it is the US public after all that is refusing to study science and engineering! ;-)

    If PACE gets through, it'll be the medicine that the public doesn't want to swallow. ;-)



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  • maine_gc
    04-20 04:02 PM
    I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.

    So what does the gurus suggest?




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  • ocpmachine
    06-17 12:26 PM
    Thanks yganreddy for your input. It might help.

    In my case, the X Ray shows nothing - so I am all clear on that.

    My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.

    I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).


    EB3June03,

    Its upto the doctor's discretion to accept an old TB skin test(PPD), my doctor did not consider the old test results, she recommended taking a new PPD test as the test is a snapshot test which indicates the state as of the time of the test and you might be infected with TB since the last test.

    Also, there is a new test as mentioned earlier called Quantiferone-Gold test (QFT-G) which provides better test of TB. However, this test is NOT certified by USCIS.

    Just for clearing the doubt, you can take QFT_G test, if QFT-G result is +ve then you need to undergo treatment, if x-ray is clean and QFT result �ve you are clear of TB. My QFT-G came back as �ve and clean X-ray, however my 693 form was marked �Class B Latent� due to PPD result > 10mm, I am not taking treatment due to �ve QFT but keeping all the paperwork to respond in case of future RFE.

    Disclaimer: I am not a Doctor/Lawyer.



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  • Munna Bhai
    08-05 01:56 PM
    Hi Friend,
    i have sheduled for interview in July,some how i couldn't make it that time.I have requested to postpond for 3 months.Are they assinged any visa for me ? Are they going to call me for interview after 3 month.Can anyone tell me are they going to call me ? Please answer . Thanks

    please be more specific ,which interview??




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  • boston_guy147
    02-18 08:37 PM
    Thanks gst76!...thats very useful info...I did not know that it was mandatory to go to home country for 1st H1b stamping. Is this a new rule?

    My email is sharma.ee@gmail.com



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  • VivekAhuja
    12-12 05:49 PM
    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.




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  • aarzoo
    01-18 08:40 AM
    Is the employer violating H1B requirements?? I understand legally H1B fees is the responsibility of the employer.



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  • Macaca
    12-15 11:49 AM
    I have not seen the USCIS catalog for H1B rules. I assume it should be available online at the state deptt.

    My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.

    You can not start working before the start date mentioned on your H1B.

    I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.

    I remind you that I have not seen the USCIS catalog.




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  • rheoretro
    09-25 04:51 PM
    No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...

    Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...



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  • quizzer
    02-25 11:39 PM
    If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.

    SAP and Oracle are any day hot!!!!!!!!!!!




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  • burnt
    12-12 03:39 PM
    No questions asked about visa or 485. Just had to show my passport and AP document :)


    Thanks for the response. My wife has started working on EAD. So when she comes back, will she have to enter on AP? And as you said, they would not ask for I-485 receipts...Correct? I don't have I-485 receipts and I am just scared that if they ask for it, and I don't have it, then what happens...

    Do you know of someone who was asked for the I-485 receipts on their way back?



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  • Rajganesh
    11-13 11:14 AM
    I concurrently filed 140/485 on July 1st. My case was moved to Texas and the receipt date was changed to August 28th on my 140/485. When can I can invoke the AC21? Is it 180 days from July 1st or 180 days from August 28.

    Any response will be greatly appreciated.

    Thanks,




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  • watzgc
    09-18 05:41 PM
    That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.

    yes, thats what i heard from attorney this afternoon. thanks LostinGCprocess.




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  • p1234
    09-26 10:39 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks

    You are inviting trouble when you think of doing something out of the ordinary. I am not sure why people make their cases complicated. This is a very general comment and nothing specific about your case.

    Heard from several friends about multiple labors (one EB2, another EB3), multiple I-140s. They are themselves not sure what is approved and what is pending approval. :). Have a friend who jumped job in May 07 on approved I140 + 3 yrs visa extn, then went back to previous one in July 07 and filed 485. After realizing EB3 is all messed up (thanks to 07/07), jumped to a third employer on AC21 (I think). There is yet another with a similar story.

    We blame USCIS for everything (rightfully so), however we don't realize how much desi consulting firms and employees have exploited the system and added to the processing delays, for easy money.

    Forget PD reuse, people have been jumping jobs left and right on AC21 and getting it denied.
    PD porting is possible but as others have pointed out, it is not exactly a best practice recommendation.




    brb2
    08-10 05:14 PM
    The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security (finally!). The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.


    Full press release:


    http://www.whitehouse.gov/news/releases/2007/08/20070810.html




    chrisj
    01-18 02:09 PM
    All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
    The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.



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