immigrationvoice1
03-26 10:04 AM
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
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sanjaymk
07-20 10:18 AM
please count me in for $50 for this and another $50 for the core. Let me know the address for the aman kapoor reimbursement fund.
Sanjay.
Sanjay.
bmoni
05-01 11:32 PM
Even if we have five people agree to file this class action lets do it .....
Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.
1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.
2, Whatever the inital attorney consultion let split the consultation fee between five of us.
3, Once we have a stream lined class action in place will gather more people.
what you think ..?
I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.
1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.
2, Whatever the inital attorney consultion let split the consultation fee between five of us.
3, Once we have a stream lined class action in place will gather more people.
what you think ..?
I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
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senthil1
10-25 11:02 PM
We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.
QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...[/QUOTE]
QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...[/QUOTE]
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eb3retro
07-19 07:24 PM
the above poster summarized it very good. here are some of my thoughts..
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.
in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.
The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?
Administrator2
11-17 08:06 PM
just
1,747 Letters and Emails Sent So Far
:(
Leo,
Just so that we are clear, please note that signing online petitions doesn't mean anything if there is no matching advocacy. Timing of the activity is also very important. In the end, advocacy and grassroots effort must compliment each other at the same time. The website you are referring is an advertisement website. Its not a resource for serious advocacy effort.
The Congress is right now focused on DREAM Act. If we just say "Erase Green card backlog", it will mean nothing. But there is a chance if we send specific targeted message asking to include specific provisions in the bill that appear to be moving (i.e. DREAM Act in this case), and IV is complimenting this message with the advocacy on the ground.
Just sending random email from some online advertisement for profit website does not mean anything. We think that some of these websites are just collecting your Email and Home Address, which they could sell for making profit.
Immigration Voice would like to request its all members not to send out random messages from advertisement websites because such messages are out of sink with reality. Please participate in the well defined and targeted 'Action Items' on IV.
Team IV
1,747 Letters and Emails Sent So Far
:(
Leo,
Just so that we are clear, please note that signing online petitions doesn't mean anything if there is no matching advocacy. Timing of the activity is also very important. In the end, advocacy and grassroots effort must compliment each other at the same time. The website you are referring is an advertisement website. Its not a resource for serious advocacy effort.
The Congress is right now focused on DREAM Act. If we just say "Erase Green card backlog", it will mean nothing. But there is a chance if we send specific targeted message asking to include specific provisions in the bill that appear to be moving (i.e. DREAM Act in this case), and IV is complimenting this message with the advocacy on the ground.
Just sending random email from some online advertisement for profit website does not mean anything. We think that some of these websites are just collecting your Email and Home Address, which they could sell for making profit.
Immigration Voice would like to request its all members not to send out random messages from advertisement websites because such messages are out of sink with reality. Please participate in the well defined and targeted 'Action Items' on IV.
Team IV
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walking_dude
10-08 04:57 PM
gjoe/and others,
No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)
Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.
Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?
Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?
No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)
Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.
Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?
Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?
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sanhari
10-18 04:26 PM
Can you all please try to contact USCIS/DOS/local congressman/woman with your request
for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.
for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.
more...
eb3retro
09-23 02:24 PM
link for the article..
Visa Bulletin Predictions and Updates from Charles Oppenheim (http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/)
Visa Bulletin Predictions and Updates from Charles Oppenheim (http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/)
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Winner
06-26 06:29 AM
Walking_Dude,
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
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kuhelica2000
01-30 02:37 PM
You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
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akhilmahajan
04-23 11:38 AM
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
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alterego
12-11 05:05 PM
I feel more H1b visas alone and/or nurses visas only would actually be bad for us. It takes some of the pressure off the senators from the Tech Lobby/healthcare lobby. In fact one of the silver linings in this last week is that nothing at all was done. This is sure to keep the pressure rising in the start of the 110th congress.
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saisujatha123
05-12 06:45 PM
Some one tell where and how to send flowers?:confused:
Please advice
Please advice
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snathan
04-20 10:19 AM
Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
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ramus
05-29 08:01 PM
Great. Thanks.
sent the emails to senator/s
sent the emails to senator/s
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malibuguy007
02-10 06:24 PM
Contributed $21 - will do another $21 at 5K
Payee Amount Deliver By ConfirmationNumber Action
Immigration voiceIV $ 21.00 02/18/09 8MXJL-95FVF
Payee Amount Deliver By ConfirmationNumber Action
Immigration voiceIV $ 21.00 02/18/09 8MXJL-95FVF
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pvpb
10-01 10:08 AM
My friend filed on July 2nd to NSc..she called the level 2 support and they said that her information is still nto in the system and that they are busy with lot of applications and asked her not to worry...
I applied on August 2nd and still nothing....
Donno how long we need to wait for?
Venkat
I applied on August 2nd and still nothing....
Donno how long we need to wait for?
Venkat
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nk2006
10-20 04:22 PM
If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?..
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.
If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).
mnkaushik
08-23 12:59 PM
I see a soft LUD dated 08/21/2010 on my 485 and existing approved EAD on my portfolio. What doz this mean? Any ideas? Anybody?
My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.
My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.
neelu
12-12 12:49 AM
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!
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