scorpion00
06-16 11:40 PM
It does not fall in that category
Thanks for the quick response.
Thanks for the quick response.
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conchshell
08-06 11:12 AM
But consider this: I just posted this in the approval thread:
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Good idea delax. I support this action.
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Good idea delax. I support this action.
chanduv23
06-20 02:53 PM
If you can get employer verification letter stating that the position is still available for you and your salary, then file I485 yourself.
G
Maybe he should just make it up if he has the letterhead ??? U know whhat I mean
G
Maybe he should just make it up if he has the letterhead ??? U know whhat I mean
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illusions
02-21 05:44 PM
So now they want to revise that Q&A! ;)
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
that's more like the USCIS.:rolleyes:
Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
that's more like the USCIS.:rolleyes:
Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?
more...
harsh
12-20 10:10 PM
Great news. By some distance this is the best news on skilled immigration front this year. This will allow all the H4 dependents who have spent time on H4 for more than 6 years to start working if they get a job with H1B.
Where did you find this memo "the"? Is it already implemented or is this something USCIS is proposing?
Where did you find this memo "the"? Is it already implemented or is this something USCIS is proposing?
quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
more...
webm
06-05 02:09 PM
I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.
Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(
Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(
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gcgreen
01-09 12:46 PM
the two reasons why you would want to enroll in COBRA are:
1. insuring yourself and family for the one month or so. without insurance, everything is expensive.
2. PRE-EXISTING CONDITIONS. If you are without insurance for some time period that time period is deducted from the typical 6 month or so waiting period of coverage of pre-existing conditions. But I think even in this case there is some grace period of 30-60 days. I suspect if you were covered 30-60 days prior to start of coverage by an employer sponsored plan, then the waiting period is waived. but you need to read the fine print for this.
hope this helps.
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
1. insuring yourself and family for the one month or so. without insurance, everything is expensive.
2. PRE-EXISTING CONDITIONS. If you are without insurance for some time period that time period is deducted from the typical 6 month or so waiting period of coverage of pre-existing conditions. But I think even in this case there is some grace period of 30-60 days. I suspect if you were covered 30-60 days prior to start of coverage by an employer sponsored plan, then the waiting period is waived. but you need to read the fine print for this.
hope this helps.
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
more...
jethro11
04-21 09:36 AM
bsnf,
Thanks for taking the time to answer my questions, it is very reassuring to hear from fellow travelers about their experiences. Like you, I am an EB3 - India with a priority date of Oct 2004. It's bad enough doing AP and EAD renewals yearly, not to mention the 3 times I had to get H1-B stampings. I refuse to apply for a visa just to go through an airport. Next time I will take a direct flight to avoid these ad-hoc EU rule changes. Again thanks for your patience and promptness in helping others.
Thanks for taking the time to answer my questions, it is very reassuring to hear from fellow travelers about their experiences. Like you, I am an EB3 - India with a priority date of Oct 2004. It's bad enough doing AP and EAD renewals yearly, not to mention the 3 times I had to get H1-B stampings. I refuse to apply for a visa just to go through an airport. Next time I will take a direct flight to avoid these ad-hoc EU rule changes. Again thanks for your patience and promptness in helping others.
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go_guy123
11-03 01:40 PM
I can't get you "Green" card fast...but this "green" I think I can:)
Thank you Leo and others for greens....I hope piecemeal will arrive soon.
Thank you Leo and others for greens....I hope piecemeal will arrive soon.
more...
tikka
03-23 02:31 PM
NYC members - please respond to me. Lets coordinate on this.
I am from NYC.
Also, I did update my contact info on the yahoo group you setup.
I am from NYC.
Also, I did update my contact info on the yahoo group you setup.
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yabadaba
05-22 03:43 PM
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.
thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.
more...
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pappu
05-31 11:41 AM
I'm not sure how voting on this site is going to improve the chances of this bill. It is simply an application site 2 companies have created. It does not do us any good by voting on such site. It is like voting on petitiononline site annonymously. Pls help me understand the benefits if I am incorrect in understanding this site.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
As mentioned earlier, If people really want to do something, Join your state chapter ASAP. We are planning a massive campiagn in the near future. The decision to pursue it will depend on the strength and execution by chapter members.
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joeshmoe
08-22 11:21 AM
That is just perfect ... after waiting 100s of years for EAD now I will wait another 100s for the GC ...
thank you DOS et all ...
thank you DOS et all ...
more...
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NNReddy
09-19 03:02 PM
IS it going to be transferred back from CSC to TSC or NSC again? is that happening.
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plp039
10-02 01:39 PM
i am in your boat! :). july 2 filed.
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masti_Gai
09-15 08:53 AM
a couple of my older broz friends make like $220 / hr:rolleyes:
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gc_chahiye
12-18 08:15 PM
Thanks for explaining this clearly. 2 Questions:
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
filing of MTR does not give you status, once they accept it, yes you are in status again.
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
1. If you use EAD and don't file AC21 and assume your I140 is revoked and USCIS wrongly denies I485 based on the I140 revocation, will you be on legal status while you fight the USCIS ?
filing of MTR does not give you status, once they accept it, yes you are in status again.
2. If you do file for AC21 and switch jobs, if you happen to change jobs again, do you have to file for AC21 again? Does this need to happen everytime one switches jobs?
yes. You are basically keeping USCIS updated with the information of an emplpoyer who is willing to hire you once you get your GC.
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h1techSlave
11-09 05:15 PM
Wow! Yours is so quick. Did you expedite it?
No. But I am yet to get the actual approval. This can take anywhere from one week to a couple of months :( Plus my wife's application is still in the Review stage :(
No. But I am yet to get the actual approval. This can take anywhere from one week to a couple of months :( Plus my wife's application is still in the Review stage :(
mihird
05-27 01:31 AM
Mihird:
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
I think, your best bet would be Canada....I don't know your nationality, but Indian immigration laws are tough...work visas are not easy to get...
Montreal is a great city! Very European and multi cultural...you can't avoid French influence, but you don't have to know French to survive...there are some great companies in Montreal...
If you need help identifying good employers in Montreal, send me a private email and I will be more than glad to help you!
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
I think, your best bet would be Canada....I don't know your nationality, but Indian immigration laws are tough...work visas are not easy to get...
Montreal is a great city! Very European and multi cultural...you can't avoid French influence, but you don't have to know French to survive...there are some great companies in Montreal...
If you need help identifying good employers in Montreal, send me a private email and I will be more than glad to help you!
mallu
11-30 05:57 PM
I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
When is this name check reform getting implemented. Why is is so difficult to implement ?
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
When is this name check reform getting implemented. Why is is so difficult to implement ?
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