sgorla
02-20 03:30 PM
Out of 105960 filed applications, 79,782 applications have been certified, and Indians have 22,298, which is almost 28 % (DOL certified EB petitions).
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
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dhesha
08-21 03:08 PM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 09-29-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?
jonty_11
01-16 03:05 PM
FYI for others -
http://www.cic.gc.ca/english/skilled/qual-3-1.html#IELT
http://www.cic.gc.ca/english/skilled/qual-3-1.html#IELT
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navyug
05-14 10:59 PM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
more...
mbartosik
02-25 10:32 PM
Pappu is right (on earlier post on this thread)
To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.
To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.
talash
04-25 03:15 PM
I 140 denaie d.please help to start new thread
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rimzhim
06-05 10:44 PM
sledge hammer:
can you explain if the new labors being cleared in the BEC centers (approximately 150K are still pending) are from 2001-2003?
In 2003, there should be a demand of 23% of 300K (couting spouses)=69K. Total visas are about 140K per annum. So there should be some movement. i dont understand why there will be no movement.
From the numbers, I had kinda thought in Feb that it was very surprising EB-2 India was not moving, and seems like I was right.
Anyways, I hope we all continue to move :)
can you explain if the new labors being cleared in the BEC centers (approximately 150K are still pending) are from 2001-2003?
In 2003, there should be a demand of 23% of 300K (couting spouses)=69K. Total visas are about 140K per annum. So there should be some movement. i dont understand why there will be no movement.
From the numbers, I had kinda thought in Feb that it was very surprising EB-2 India was not moving, and seems like I was right.
Anyways, I hope we all continue to move :)
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wandmaker
11-21 04:15 PM
cool_guy_onnet1: I assume you have not applied AOS (485) for your wife. You will not be able to do it until the PD become current. You should maintain your H1 status, so find a new H1 sponsoring employer and transfer your H1. Do not use your EAD/AP, it will void your H1 status and you guys will have to stay apart.
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485Mbe4001
01-25 04:27 PM
:D he also wants his approval rating to cross 50%, bring world peace... State of the Union is something you should watch with a bag of popcorn or chips.
TOI has a history of copy and paste jobs, they will make it sound like Bush is sending his own plane to get educated desis to US
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
TOI has a history of copy and paste jobs, they will make it sound like Bush is sending his own plane to get educated desis to US
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
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kookoo
08-03 07:20 PM
If the letter was already sent to the USCIS can i stop further processing of my application?
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Jen2010
12-06 04:55 PM
Dear BimmerFan,
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
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franklin
09-23 02:42 AM
FWIW - I never got any copies of receipts, just the numbers, from my attorney
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vnsriv
08-14 04:17 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.
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Nikith77
10-05 03:32 PM
I did that today and they also call the same number from there.
The caller clearly told me that Citizens or CG only
The caller clearly told me that Citizens or CG only
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usirit
11-21 10:52 PM
Unless their is a backdoor... If I decide to switch to my new employer and transfer my GC & H1B, it will be done again as an EB-3... I have 10+ years of experience and an Associate Degree... last year tried to obtain a Bachelor of Science in Business of Information Systems (BSBIS) but my actual employer stop funding so... I had to stop. :mad: New employer's attorney confirmed this.
An EB-2:
> Is a member of the professions holding advanced degrees or their equivalent; or
> Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
An EB-3:
Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.
Meridiani.planum: Thank you for your detailed description.
Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.
Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.
An EB-2:
> Is a member of the professions holding advanced degrees or their equivalent; or
> Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
An EB-3:
Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.
Meridiani.planum: Thank you for your detailed description.
Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.
Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.
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lost_in_migration
11-08 02:05 PM
Why are number of I-485 less than number of I-130
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
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kittu1991
02-27 02:05 PM
In fiscal year 2006, there were 5 Indian firms in the top 10 users of H1B visa.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
The Inidian firms use H1B for short term assingments of 2 to 3 yrs. And now a days Greencard is not an attractive carrot for Indian SW engineers.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
The Inidian firms use H1B for short term assingments of 2 to 3 yrs. And now a days Greencard is not an attractive carrot for Indian SW engineers.
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bergotti
08-23 05:27 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Thanks
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Appu
04-06 10:27 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
jvs_annapurna
04-12 03:13 PM
Ya, it is my first extension
sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.
But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.
but I know the clock started from 31st march am in out of status.
will i able wipe out out of status as it effect in future ?
does MTR works or do I need to the appeal ?
What are chances of my transfer ?
Please gurus advise?
Thanks
jvs
sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.
But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.
but I know the clock started from 31st march am in out of status.
will i able wipe out out of status as it effect in future ?
does MTR works or do I need to the appeal ?
What are chances of my transfer ?
Please gurus advise?
Thanks
jvs
mhathi
03-19 12:57 PM
PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.
This is my understanding.
This is my understanding.
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