sandy_anand
01-24 10:17 AM
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
Thanks!
Thanks!
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nixstor
02-23 02:33 PM
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
Shirish,
I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.
Shirish,
I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.
raysaikat
07-08 12:10 PM
yes,
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).
I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).
I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.
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clif
06-07 10:03 AM
You can change jobs. Make sure you (or your attorney) send the AC21 letter to USCIS before your employer revokes the approved I-140. If you do that, the revokation won't have much effect, otherwise you may get NOID (Notice of Intent to Deny).
more...
mhathi
03-23 10:57 AM
I had put in undecided at this time or something like that
deardar
09-14 03:27 PM
No need to register on that site.
Just click and listen.
If it asks you to register, close and reopen the brower.
Just click and listen.
If it asks you to register, close and reopen the brower.
more...
anu_t
06-16 01:11 AM
http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428
GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES
WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.
The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.
Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.
"From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."
"We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."
At this time, Grassley and Durbin will not be releasing the information received from the companies.
Here is a copy of the letter to Gonzalez.
June 13, 2007
The Honorable Emilio T. Gonzalez
Director
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20529
Dear Director Gonzalez:
Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.
Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.
The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.
We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.
In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.
Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.
Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.
H-1B Dependent Employers
$ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).
$ How many companies are defined by USCIS to be AH-1B dependent@ employers?
$ How are these H-1B dependent employers being monitored, if at all, by USCIS?
Blanket L Visa Petitions
$ How many L visas have been approved each year since 2000?
$ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.
$ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?
$ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?
$ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.
Investigations of Fraud and Abuse
$ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?
$ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?
$ How does USCIS plan to spend the remaining funds left in FY2007?
$ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.
$ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.
While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.
Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.
Sincerely,
Charles E. Grassley Richard J. Durbin
United States Senator United States Senator
GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES
WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.
The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.
Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.
"From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."
"We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."
At this time, Grassley and Durbin will not be releasing the information received from the companies.
Here is a copy of the letter to Gonzalez.
June 13, 2007
The Honorable Emilio T. Gonzalez
Director
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue, NW
Washington, DC 20529
Dear Director Gonzalez:
Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.
Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.
The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.
We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.
In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.
Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.
Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.
H-1B Dependent Employers
$ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).
$ How many companies are defined by USCIS to be AH-1B dependent@ employers?
$ How are these H-1B dependent employers being monitored, if at all, by USCIS?
Blanket L Visa Petitions
$ How many L visas have been approved each year since 2000?
$ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.
$ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?
$ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?
$ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.
Investigations of Fraud and Abuse
$ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?
$ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?
$ How does USCIS plan to spend the remaining funds left in FY2007?
$ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.
$ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.
While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.
Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.
Sincerely,
Charles E. Grassley Richard J. Durbin
United States Senator United States Senator
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ash0210
08-16 09:36 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
more...
shortchanged
07-18 07:16 PM
Since it is asked when was your last entry into USA, your I-94 on 15th has to be entered into the 485 application.So to be safe, you will have to be in USA at the time your I-485 form is filed.Actually if you can overnight First Fedex it,it will arrive at NSC on 17th morning, you will still be in the window of opportunity.Remember,NSC picks up mail only once a day.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
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GCAmigo
12-21 08:20 PM
Not so important - W2 statements for the years in the US as well as tax returns.
was the only Document they saked me to show @ Chennai Consulate in Jun'06..
was the only Document they saked me to show @ Chennai Consulate in Jun'06..
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calboy78
11-10 03:02 PM
I will send email(s) to consulates and ministry of affairs UNTIL they hear us. They can't take us for granted and create the rules like they want for different consulates.
PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.
PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.
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arrarrgee
07-13 09:19 AM
I wouldn't be ....I think hez adding more value to the country then i do...i dont see any reason why he shouldnt get his green before mine:confused:
Damn I am going to be pissed off if he gets a green card before I do.
Damn I am going to be pissed off if he gets a green card before I do.
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mantagon
07-15 01:18 PM
I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.
Yes, thats exactly what I meant. Thanks for the clarification.
Yes, thats exactly what I meant. Thanks for the clarification.
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ssingh92
01-24 12:53 AM
Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.
True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
more...
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like_watching_paint_dry
12-21 09:40 AM
tell your friend to put 33% less effort on the project work. take 1.5 days in a week off for searching for other jobs and talk to a lawyer, DOL. with the offer letter he can be sued by a gain-share arrangement with some lawyer - these lawyers charge no upfront fees but the lawyer takes x% of the damages awarded... better a blood sucking lawyer make the money than a blood sucking employer.
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Dakota Newfie
07-13 09:36 AM
Since the topic of giving preference to professional athletes has come up, I'd like to relay an the experience I had when I came to the U.S. for a job interview in August of '01; when going through U.S. customs at Logan Airport (this was pre 9/11), I was arbitrarily "singled out for interrogation" for TWO HOURS! During that time, a customs official made some small talk with me while we waited for the supervisor to arrive and he asked me if I was a hockey player (since I am Canadian) to which I replied "no"; he then informed me that was too bad because otherwise I would pass through without any problems or questions! Too bad they didn't "single out" Atta and the boys the same way two weeks later- or maybe they went through as hockey players!
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pammk
06-01 06:33 PM
Interview Date: Friday May 6, 2011
My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
Visa Officer: A Lady
Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
Current status: last correspondence via email was on May 13th, no response as of yet.
Am I experiencing this because of my employment model? Any comments from anyone?
Did anyone else have similar experience? Anyone from Southeast Asia?
My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
Visa Officer: A Lady
Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
Current status: last correspondence via email was on May 13th, no response as of yet.
Am I experiencing this because of my employment model? Any comments from anyone?
Did anyone else have similar experience? Anyone from Southeast Asia?
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visafreedom
07-03 11:39 AM
Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...
Dont tell me you never take vacation ;-) If that is true, I will hire you.
Dont tell me you never take vacation ;-) If that is true, I will hire you.
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vin13
01-16 01:07 PM
Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.
In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.
I think we are talking of two different aspects.
In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.
I think we are talking of two different aspects.
walking_dude
10-26 09:57 AM
Pakal, you just made an offer no state chapter can refuse :)
Trust me, IN guys, it will get you more members. I got a couple of members to attend by calling them. Not all the members are active on the forums, though they are interested in doing the volunteer work. Even if the numbers that add up after those 30-40 calls is small, it does publicize the existence of the chapter to other members; who most probably will join once they start seeing the chapter stable and working for a few months (think of it as a publicity campaign ).
You guys followup with Paskal, he can help you run a Newsletter to reach all registered IN members. Keep it supplemental to calling the members (and not as a subsitute).
We ( MI chapter) recently had our meet. If you guys are interested PM me. I can provide you more details on what worked, and how we did preparations for it.
Hi,
I suggest you guys bump this thread periodically and keep it on the front page.
Lynne, I can provide you some help with info on IV members in IN.
Please pm/e mail me. Thanks for your effort!
Trust me, IN guys, it will get you more members. I got a couple of members to attend by calling them. Not all the members are active on the forums, though they are interested in doing the volunteer work. Even if the numbers that add up after those 30-40 calls is small, it does publicize the existence of the chapter to other members; who most probably will join once they start seeing the chapter stable and working for a few months (think of it as a publicity campaign ).
You guys followup with Paskal, he can help you run a Newsletter to reach all registered IN members. Keep it supplemental to calling the members (and not as a subsitute).
We ( MI chapter) recently had our meet. If you guys are interested PM me. I can provide you more details on what worked, and how we did preparations for it.
Hi,
I suggest you guys bump this thread periodically and keep it on the front page.
Lynne, I can provide you some help with info on IV members in IN.
Please pm/e mail me. Thanks for your effort!
kurtz_wolfgang
08-15 12:27 PM
Please Help Gurus....:confused::confused::confused:
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