seeking_GC
07-11 10:56 PM
This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......
http://www.usimmlaw.com/current_information.htm
Copying the contents of the website below :
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
http://www.usimmlaw.com/current_information.htm
Copying the contents of the website below :
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
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txh1b
08-18 06:46 PM
Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.
At least don't wish them bad luck....
C'mon. That would be naive of one to think so. An informed person has the best assets to stake when in trouble. If a person did not even know a violation has occured in the past and the harm it can induce, they will not be prepared to face the trouble or what to concentrate on if called for a GC interview or an RFE.
At least don't wish them bad luck....
C'mon. That would be naive of one to think so. An informed person has the best assets to stake when in trouble. If a person did not even know a violation has occured in the past and the harm it can induce, they will not be prepared to face the trouble or what to concentrate on if called for a GC interview or an RFE.
javanmard
03-22 02:51 AM
Hi bfadlia,
Did u receive ur extension? My case is pretty same, my receipt notice date has passed but no change in LUD. My case is in CSC. Have u received any RFE? Some ppl were saying that it takes around 3 months for getting approval from CSC.
Thanks
Did u receive ur extension? My case is pretty same, my receipt notice date has passed but no change in LUD. My case is in CSC. Have u received any RFE? Some ppl were saying that it takes around 3 months for getting approval from CSC.
Thanks
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rkrishna123
10-17 02:52 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
more...
tonyHK12
01-07 09:17 PM
THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:
gc007
01-07 10:38 PM
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
These are just my thoughts. And I am not a layer.
Have a great trip
Thank you very much .
These are just my thoughts. And I am not a layer.
Have a great trip
Thank you very much .
more...
geesee
07-20 08:42 AM
^^^^^ bumping the old thread up...
Joined today..
Wanted to request IV Core to start an Orkut group but found out we already have one...
Cant believe there are only 33 members...
Orkut is a great way of publicing ImmigrationVoice among your friends.. not only in US but also in the country you came from...
Although I think Orkut community should not be used for any discussions.. It should only be used to make this site popular...
Joined today..
Wanted to request IV Core to start an Orkut group but found out we already have one...
Cant believe there are only 33 members...
Orkut is a great way of publicing ImmigrationVoice among your friends.. not only in US but also in the country you came from...
Although I think Orkut community should not be used for any discussions.. It should only be used to make this site popular...
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caforum2
04-06 10:10 PM
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
more...
sapota
02-27 01:51 PM
From March 05 to Sep 06 data can be found at :
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
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JazzByTheBay
10-10 06:10 AM
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
more...
Quest99
09-14 03:30 PM
Here is my story:
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
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eb3_nepa
10-19 09:43 AM
So what is the rule? The salary should be exact or can it go up or down?
more...
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burnt
12-12 03:39 PM
No questions asked about visa or 485. Just had to show my passport and AP document :)
Thanks for the response. My wife has started working on EAD. So when she comes back, will she have to enter on AP? And as you said, they would not ask for I-485 receipts...Correct? I don't have I-485 receipts and I am just scared that if they ask for it, and I don't have it, then what happens...
Do you know of someone who was asked for the I-485 receipts on their way back?
Thanks for the response. My wife has started working on EAD. So when she comes back, will she have to enter on AP? And as you said, they would not ask for I-485 receipts...Correct? I don't have I-485 receipts and I am just scared that if they ask for it, and I don't have it, then what happens...
Do you know of someone who was asked for the I-485 receipts on their way back?
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DDash
04-04 11:49 PM
I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
more...
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desi3933
08-25 01:01 PM
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
There is one more thing you should consider -
One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.
_________________
Not a legal advise.
There is one more thing you should consider -
One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.
_________________
Not a legal advise.
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ssnd03
07-12 04:32 PM
Every guy thinks that his/her problem is always the biggest bottleneck
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
more...
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letstalklc
10-07 10:37 AM
Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)
Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
If your case is not filed by Fragomen and if it's passed 15 months period you can ask your lawyer to enquire about your case status, the DOL informed in the stake holders meeting to AILA no's that they are welcomed enquires to the cases that has been passed 15 months time period...for more information you can see in this web site under labor audit's endless delay thread (this is in the section of labor processing)
Final conclusion - if your case is pending for more than 15 months and not filed by fragomen you can ask your employer to enquire about it.
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tnite
02-18 01:23 PM
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
To deduct these expenses you need to itemize your deductions and for the year 2008 the new standard deduction is $10,900 for married couples filing a joint return , $5,450 for singles and married individuals filing separately and $8,000 for heads of household. link (http://www.irs.gov/newsroom/article/0,,id=174876,00.html)
The most important question you have to ask yourself is "Is your itemized deductions more than the $10,900"? If yes then go ahead and itemize it, otherwise you're well off using standardized.
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
To deduct these expenses you need to itemize your deductions and for the year 2008 the new standard deduction is $10,900 for married couples filing a joint return , $5,450 for singles and married individuals filing separately and $8,000 for heads of household. link (http://www.irs.gov/newsroom/article/0,,id=174876,00.html)
The most important question you have to ask yourself is "Is your itemized deductions more than the $10,900"? If yes then go ahead and itemize it, otherwise you're well off using standardized.
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jsporn
03-18 10:48 AM
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legal_la
07-17 06:24 PM
PLEASE HELP PLEASE
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
Nothing is more important than visiting her dont even worry about this, and regarding your filing you are still fine you will be able to file after you come back. Just keep all documents ready best you can before you leave and even after you come back you will have 13 days to send the application.
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
Nothing is more important than visiting her dont even worry about this, and regarding your filing you are still fine you will be able to file after you come back. Just keep all documents ready best you can before you leave and even after you come back you will have 13 days to send the application.
ajay
07-25 08:18 PM
Folks,
What is the best and most cost effective way to send some money home ?
Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.
Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
so for $1000 they are essentially charging Rs 500 (aound $10)
I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?
Western union charges $15 and also gives a lower exchange rate than icici.
So would that mean ICICI isthe best cost effective one ?
Ideas ?
Thanks,
Try SBI service: SBI Global Link Services - US (http://www.onlinesbi.com/glsus/#)
What is the best and most cost effective way to send some money home ?
Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.
Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
so for $1000 they are essentially charging Rs 500 (aound $10)
I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?
Western union charges $15 and also gives a lower exchange rate than icici.
So would that mean ICICI isthe best cost effective one ?
Ideas ?
Thanks,
Try SBI service: SBI Global Link Services - US (http://www.onlinesbi.com/glsus/#)
