indyanguy
08-03 12:05 PM
I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:
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vdlrao
04-08 02:25 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.
Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.
kirupa
11-21 05:42 AM
The poll will go live tomorrow (Saturday) :)
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webm
07-09 11:59 AM
Don't worry,the EAD approval rate became faster thesey days..esp TSC/NSC..:)..
On top of that,you should get 2 yr EAD..:)
On top of that,you should get 2 yr EAD..:)
more...
pappu
02-24 11:54 AM
If we force people to fill profile, they start filling fake details.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
indyanguy
01-14 11:07 AM
This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?
----
To Whom It May Concern
I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.
His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.
If you have any questions, please do not hesitate to contact me.
Thanks,
XX
----
To Whom It May Concern
I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.
His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.
If you have any questions, please do not hesitate to contact me.
Thanks,
XX
more...
titu1972
10-29 02:06 PM
You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
Yes... It will say "Work Authorization Only".
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
Yes... It will say "Work Authorization Only".
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factoryman
06-18 12:50 PM
the first H1 stamping for me and 2 h4 for family members. Wife got it at Chennai, last Sep.
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
more...
bluekayal
10-22 09:24 PM
This seems pretty amazing. I wonder how it will play out in action.
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
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sanju_dba
09-27 12:19 PM
Poll shows 94% of them support this , now what next?
- is it legit for IV?
- does it needs to be integrated with IV website?
Waiting for Admin's reply.
- is it legit for IV?
- does it needs to be integrated with IV website?
Waiting for Admin's reply.
more...
newbee7
07-05 07:26 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
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lostinbeta
10-04 01:43 AM
Oh, that is awesome=)
Congratulations on a job well done:)
Congratulations on a job well done:)
more...
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KanME
12-26 12:15 PM
Thanks for reply... that clears things a little. :)
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sanatshah
10-12 12:20 PM
My I-485 reached to NSC on July 17th. Still waiting on RN.:(
more...
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gsc999
06-15 03:06 PM
its 11 digit the alien number on ur I94 card.
---
Sorry for a follow-up dumb question:
Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?
---
Sorry for a follow-up dumb question:
Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?
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GCBy3000
02-07 09:54 AM
You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
more...
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boni
03-28 04:22 PM
well I have the same problem as next year I plan to be a full-time student and part-time on job.....my LC is also pending....will it effect GC..Is chanding H1 to part-time doable...what if LC is clear....can it be done later at any time i mean full-time student and part-time job....
@sabbygirl99 Could u pls let me know what course of action u took in this regard.
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
@sabbygirl99 Could u pls let me know what course of action u took in this regard.
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
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Queen Josephine
August 9th, 2005, 07:42 AM
I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here.
You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light.
With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV.
Always nice to have a scientist on board seeing possibilities we sometimes miss. Thanks for the great explanation Michael!
You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light.
With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV.
Always nice to have a scientist on board seeing possibilities we sometimes miss. Thanks for the great explanation Michael!
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sodh
07-24 10:17 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get an affidavit signed by a magistrate from your country which has the corrected names, the Lawyers will have the format for that.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Get an affidavit signed by a magistrate from your country which has the corrected names, the Lawyers will have the format for that.
MAEB2TR
09-04 10:34 AM
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
pasupuleti
05-11 01:36 PM
Good Job:). I heard your conversation. Thanks for making our case.
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