praveenat11
09-24 01:14 PM
can say me the format of affidavit from a lawyer or from a professional translator
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rockstart
07-13 02:12 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.
ArkBird
12-15 06:01 PM
I may be little out of touch but I don't understand why DOL won't give EB2 classification to IT Positions?
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
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karan007
03-07 05:09 AM
I am in the same boat. Consulted 2 attorneys, both of them provided very different overview. As per one using AC21 was very easy, didn't require much paperwork from employer (letter of employment with job responsibilities). The other one suggested that the new employer needs to support the green card process & made it sound like serious work.
Another interesting note was, the attorney who mentioned it was easy, would have charged $500 for the process vs $2500 + expenses. So kind off figured that one has to justify charge $2,500, hence the additional paperwork, etc (scare factor).
I did some research over the web. Came to the conclusion that utilizing AC21 is pretty simple. I am moving forward with it and starting my new job in April.
Since this is a big decision, I would suggest that you get a second opinion
Good Luck...
Another interesting note was, the attorney who mentioned it was easy, would have charged $500 for the process vs $2500 + expenses. So kind off figured that one has to justify charge $2,500, hence the additional paperwork, etc (scare factor).
I did some research over the web. Came to the conclusion that utilizing AC21 is pretty simple. I am moving forward with it and starting my new job in April.
Since this is a big decision, I would suggest that you get a second opinion
Good Luck...
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dealsnet
03-19 11:12 AM
The conservative approch for the dependants is 1.2 to 1.5 times the labor approvals. Not all people have a dependants.
Husband and wife have labor approved. Like my case, my wife have labor approved, but I have file with my labor, which have older PD. Working family with husband and wife in H1B most of them have labor approved. So the actual number will be diffrent.
From the PERM statistics,
ROW adjustment should be 55% from the total number of pending cases
EB3 are 30%
If the total number of case pending with USCIS is 833,141 (all I-485 including Family based) (based on 12/31 numbers), so EB3 ROW are only 137,468. This means that with the current trend of DOS to avoid wasting GC we should expect the cut-off dates for EB3ROW to be 2006/2007.
Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.
Husband and wife have labor approved. Like my case, my wife have labor approved, but I have file with my labor, which have older PD. Working family with husband and wife in H1B most of them have labor approved. So the actual number will be diffrent.
From the PERM statistics,
ROW adjustment should be 55% from the total number of pending cases
EB3 are 30%
If the total number of case pending with USCIS is 833,141 (all I-485 including Family based) (based on 12/31 numbers), so EB3 ROW are only 137,468. This means that with the current trend of DOS to avoid wasting GC we should expect the cut-off dates for EB3ROW to be 2006/2007.
Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.
abd
09-20 12:39 PM
Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.
Mine also should have reached yesterday. Didn't see any LUD. I am really nervous.
Mine also should have reached yesterday. Didn't see any LUD. I am really nervous.
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sriramkalyan
06-08 11:21 AM
I am doing MS in Technology Management from Howee School of Technology Management at Stevens Institute of Technology!!
Similar ones are offered at Penn State, Rutgers, MIT .. totally on Web.
Similar ones are offered at Penn State, Rutgers, MIT .. totally on Web.
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svr_76
06-10 01:15 PM
Our best bet is to partner with groups/org (hi-tech lobby) that have as members big firms that are impacted by this. This would give us a more directed approach on opposing.
I am trying to identify the group of immigrants impacted by this rule-making and was trying to highlight that the rule restricts DHS from approving visa petitions from Employers.
As such EADs are not filed by employers and moreover are not Visa application.
I am trying to identify the group of immigrants impacted by this rule-making and was trying to highlight that the rule restricts DHS from approving visa petitions from Employers.
As such EADs are not filed by employers and moreover are not Visa application.
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chanduv23
07-29 02:03 PM
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story
I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.
The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story
I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.
The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
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Jaime
09-12 01:23 AM
Thank you Governor(s)!!
Congressmen/Senators please do what the nation's leaders are are asking you for a long time.
Jaime, Guess we may have to organize a walk to Crawford ? what do you think ?
I'm in!!!
Congressmen/Senators please do what the nation's leaders are are asking you for a long time.
Jaime, Guess we may have to organize a walk to Crawford ? what do you think ?
I'm in!!!
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paulavijit
03-17 09:03 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
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lordoftherings
07-04 07:47 PM
Yes, if all this is true, then going the lawsuit way is not the right step. They should now use this to force USCIS make some changes. One of them would allowing to file I-485 right after I-140 approval irrespective of whatever the PD is. When PDs become current the processing will start. This change will give releif to a lot of victims and future filers.
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vaishnavilakshmi
06-30 07:10 PM
Sounds like a plan - let us know what's the next step.
I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )
Thanks again for your leadership.
Diptam
Good Job Diptam !!,
Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!
Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!
-vaishu
I got little demoralized last evening but then worked from 11 thru 3 AM to double check everything and i mailed today by USPS Express Mail ( it should reach July 2nd )
Thanks again for your leadership.
Diptam
Good Job Diptam !!,
Rumuors are rumors most of the times.Whatver be the situation u drove positively and finally made it to reach on time whatever the sitution would b on monday!
Though these announcements,rumours tensed u up,u really did a great job in finishing and submitting it !Thats the spirit!
-vaishu
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reachinus
07-16 06:56 PM
Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
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paulavijit
03-17 09:08 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
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hpandey
01-18 12:34 PM
What a stupid law. I have seen my couple of friends in the same situation too near the Canadian border where they were asked for their passports and they did not have them ( of course not !! ) . They were travelling to Vermont and never crossed the border .
But one thing to think about is that is carrying your passport and your H1 ( or whatever visa you hold ) original documents with you at all times safe. There is a good chance of them getting stolen \lost since obviously you can't carry them in your pocket like your wallet .
This is totally ridiculous. This is one of those strange laws that appear in news about states having silly laws ...
But one thing to think about is that is carrying your passport and your H1 ( or whatever visa you hold ) original documents with you at all times safe. There is a good chance of them getting stolen \lost since obviously you can't carry them in your pocket like your wallet .
This is totally ridiculous. This is one of those strange laws that appear in news about states having silly laws ...
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dvb123
02-19 12:12 AM
This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.
1. There is a bill in the house now
HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.
4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.
5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
So, we should support HR 264 bill with a few amendments if possible.
1. There is a bill in the house now
HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.
4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.
5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
So, we should support HR 264 bill with a few amendments if possible.
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onemorecame
09-14 01:22 PM
I am current on this month of sep, Online status change to RFE on Sep 10. 2010
I feel its could be due to change of state(relocation) after filling i-485. but not sure..
Please share your RFE/view
I feel its could be due to change of state(relocation) after filling i-485. but not sure..
Please share your RFE/view
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sidbee
03-12 10:20 AM
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
If this happens, i would like to donate to IV.
I cannot trust anyone blindly, thats my problem.
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
If this happens, i would like to donate to IV.
I cannot trust anyone blindly, thats my problem.
Ennada
12-10 09:11 AM
and EB2-India by a month; yaaaaay :)
Looking at the way they moved the dates last year, we can expect reasonable movements only in April VB. Strictly based on last year's trend, we could see dates reaching 2005 in April and possibly 2007 in August.
Looking at the way they moved the dates last year, we can expect reasonable movements only in April VB. Strictly based on last year's trend, we could see dates reaching 2005 in April and possibly 2007 in August.
plassey
07-23 07:00 AM
You are one of the biggest "CROOK" I have seen in recent times. Just by writting rubbish does not makes u a real senior member. Most of the advise you have been giving to people are simply WRONG. For example in this case two visas?
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
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