Wednesday, June 8, 2011

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  • anilsal
    11-24 01:50 PM
    I think if USCIS start publishing the number of applications (based on PD of course) pending for each month, then we can predict our future and life will be much easier.

    We are not asking for too much and I think IV can make it happen fairly easily.

    Any thoughts?

    Thanks.

    I know everyone wants to get out of this state called as "PROBATIONARY LIMBO". The real solution is to eradicate retrogression and at the earliest. For this to happen, we need some legislation in our favor.




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  • willwin
    03-14 11:23 AM
    Thanks BharatPremi!

    Appreciate your response. I have couple of questions/thoughts. Your logic is based on the fact:

    1. Not MANY cases left with PD before 2003
    2. 2003 and 2005 most cases moved over to EB2
    3. In July 2007, PD moved over to June 2003

    What about cases in 2004? not many?

    And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?

    First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
    Labor black Market flourished mainly in NY, CA and TX.
    We saw a new animal "Virtual Office". Lot of ethically and
    morally(Now even legally) illegitimate transfers occured
    from EB3 to earl PD based EB2.

    Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
    May PERM was gonna to be released, people
    fanatically started preparations to switch over to EB2
    using PERM. So maximum fence hopping done in this
    period and continued till 2006 mid.

    Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.


    So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I

    Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.




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  • engineer
    07-01 03:34 PM
    Can you provide contact/website details for Fragomen ?

    http://fragomen.com/offices/index.shtml

    To give you example..they were working on this Sat and Sun to ensure my application is filed on Mon.

    Do check they might be little expensive.




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  • Canadian_Dream
    03-20 08:30 PM
    This is so confusing. But I-129 does have a section to identifying new vs. continuing employer. Isn't moving to a new employer automatically means that new paycheck MUST come from new employer regardless of whether existing employer has canceled the H1B or not. If you don't intend to work for new employer they MUST cancel the H1-B or you should request them to cancel it ? Otherwise it will bound to generate the confusion that's apparent from the I/O looking at your petition.
    I am thinking it can be interpreted either way, but nothing in the laws says one way or the other. It is all up to I/O's interpretation.

    IMHO: Right think would have be:
    1. Employer-X Files new H1
    2. Employer-2 Withdraws existing H1
    3. You changed your mind
    4. Employer X Withdraws H1
    5. Employer 2 Files a NEW H1

    http://www.uscis.gov/files/form/i-129.pdf



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  • sajidmd
    10-21 02:44 PM
    My wife is planning to visit India and stay there for around 4 months. What should be the answer to 2nd question, On page2....

    Expected Length of Trip ? Is it safe to mention 4 months or ??

    Thanks!!




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  • billu
    08-06 02:04 PM
    You stand a better chance of getting it through your kids if they are citizens than getting it through EB3. There are a few options to get green card faster. Canada is not one of them.
    1. Get a Ph.D, get a job in a univ and apply in EB-1.
    2. Get a MBA and get a management job and apply in EB-1.
    3. Become a religious worker in some temple and apply in the religious worker category.

    i think by the time i finish my Ph. D. or part time MBA,i would have got my canadian PR....so i'll just apply for canada and wait instead of slogging it out with phd or mba



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  • gapala
    03-20 09:50 PM
    There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1

    1. You are not counted against the cap
    2. Need to prove you are in status.

    Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.

    Ok, Here's what law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference




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  • thepaew
    06-01 11:17 AM
    228 people are possibly dead. Save your glee for another day.

    Isnt this Ironic that Air France Flight went missing on coast of Brazil.

    I think someone up in the sky has whipped at Air France.



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  • Saralayar
    06-04 04:14 PM
    Thanks for replying MC. One more question. Can I send one combined check for my spouse and me?
    Better you send seperate check.




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  • coldcloud
    05-28 04:19 PM
    I will try again tommorow in our SSN office....



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  • sangmami
    07-03 09:53 AM
    my app reached on july 2nd at 9am....and i am ne of the unluckist affected by this bad game..




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  • hebron
    06-15 07:05 AM
    I hate to say this and I hope I am wrong. All of us EB3 folks need to start speaking up or else our fate is sealed. I do not see any hopes of CIR passing. There is always going to be some political backlash due to the AMNESTY factor.
    From what I have seen, most employers are now filing only in EB2 category. They know that filing in EB3 will see their applicants backlogged so severly that there is no hope in seeing their applications approved. So, even those with less than 5 years of experience create resumes that show 5 years to qualify for EB2. Imagine the flood of applicants in EB2 that will pour in when the dates move forward beyond July 2007. There will be a new backlog of EB2 numbers that we have to wait behind. When are we going to get our turn?
    With nearly 10 years of experience and a master's degree, I am still languishing behind all these new comers who come here with fake experiences to qualify for EB2.
    We EB3 folks need to speak up, and have the spill over given to the oldest filed applications IRRESPECTIVE of category. The spillover rules from what I know were defined at a later stage and not as per the original law. If we cannot get CIR passed nor a piecemeal regulation, at least let us get the spillover changed.
    Or, let us en masse transfer to EB2 by porting, thereby making us all eligible for GC ahead of those that are coming in through the back door. I see them as no different from the undocumented immigrants. Breaking the ethical law at the expense of those of us who followed the law. Our positions did not require a Master's degree and I dont see why a programming position today still requires such. I also dont see why our experience today should not count towards qualifying for EB2.
    I dont care what or how many reds the EB2 folks give, but the fact of the matter is that we EB3 must join hands.


    Agree with you 100%. I have been waiting patiently all along hoping something good would happen for EB3. I am talking to my employer if they can port my case to EB2. I have a master's degree and about 13 years of experience (8 years in the current job). My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?



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  • gcnotfiledyet
    05-29 05:10 PM
    Sparky I had same experience in 2003 only my next flight was after 24 hours. They refused to accommodate me in a hotel or on another flight though they had sense to issue me a calling card for 10 euros and a meal coupon. I have never flow AF since that day (even if their tickets are cheaper) and neither has any of my friends or family member. Every time I hear somebody is planning to fly to India, I tell them my story and trust me nobody I know has flow with AF since 2003.

    I have never flown with them. I always prefer AA and Continental direct flight. Nobody I know have ever flown with AF and now I will make sure nobody ever does.

    I hope media in India makes a very big deal out of this issue. They will learn their lesson.




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  • bigtime008
    07-18 02:37 PM
    Now I see why you got banned. What you did not realize is others were not rejoicing anything "AT YOUR EXPENSE". They were just enjoying what was available to them. You are the one who wants to make it a zero sum game i.e. gain for others is loss for you and vice versa.

    While others were celebrating what was good for them, you want to rejoice others pain. That is just *sic*. I retract my earlier support for you.
    .

    Please don't misunderstand me, I did not rejoice their pain, I rejoice what was good for me.



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  • deepakd
    07-01 11:06 PM
    I dont agree with you..Larrabee is a top firm who handled our case very well..its ur company to blame if they have not filed perm for you.


    Sorry, I don't agree with you and also my mistake that I am linking my perm labor filing with Larrabee. I agree my perm labor is delayed because of my company.

    But I have seen Larrabee handling my h1B transfer case where they screw up by missing some document. Atleast by my experience I wound not suggest my company and Larrabee as well for any immigration stuff




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  • achu
    05-21 01:02 PM
    freedom on its way...

    thanks papu.
    achu.



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  • tdasara
    02-11 10:31 AM
    Does this mean filing I485 without PD current is a non-starter?




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  • BharatPremi
    03-14 02:19 PM
    o.k..I read some of your old posts (but not thorougly) and I was confused (I guess you have done lot of research) - so can you explain again ?
    in yr opinion - does it mean EB3(I) won't go back to april 2001 ?
    I guess by "what happened in 2002 - 2004" - you mean lawyers filed most cases in EB3 ..am I right ?
    would appreciate yr reply ..Thanks !!

    I am not saying it will not go back to APR 2001. USCIS can and will do anything. Bottomline is that adverse effect of APR 2001 is practically over except some residual ones ( residual cases also could be in hundreds). So now if uSCIS is taking any category back to APR 2001 it will merely be a game to keep particular catgeory stopped for a while. USCIS need one case to do that and it will surely have at least one case.




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  • rklscp
    05-22 10:34 PM
    No you can't. You must have filed separately. You could have amended your return to file jointly, but not the other way around.

    Thanks Totoro.

    So, I can do it that way (file separately first and get stimulus and then amend the return to file jointly after I get stimulus) only for tax year 2008?

    (IRS website also says if u do so, you dont have to return the stimulus benefit - unfortunately this clause was added only on 04/14/2008!! according to IRS website).

    I cannot do anything this year I guess??

    how could IRS expect us to file separately and get the stimulus and then amend our return as filing jointly without loosing the stimulus by announcing it on 04/14/2008??? I dont understand this stupidity at all!!




    HariDod
    07-23 12:19 PM
    Hi all,

    Our application was filed on Jul 16th and received on July 17th.
    Our check is accepted today .I believe /hope we all will get the receipts very soon

    Service Center :Nebraska




    ssingh92
    03-14 01:51 PM
    I know two cases that stuck in porting to EB2 from EB3. They received audit. They provided all info but yet to receive any response. Its over a year. Port only when you have all papers in hand and your Employer and Attorney will provide good support. My company refused to convert into EB2 and also they done want to provide any I140 and labour info.



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