mrsr
07-31 10:11 PM
your friend is self filer or through lawyer?
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eb3_nepa
01-26 12:49 AM
Pappu,
DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.
DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.
gparr
July 18th, 2004, 06:12 AM
Brandon,
Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
Gary
Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
Gary
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gondalguru
07-06 12:01 PM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
more...
authrd
07-26 02:31 PM
superdude,
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
chanduv23
03-31 02:52 PM
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
more...
perm2gc
09-07 09:41 AM
Dont Advertise on the board and we are not doing call center jobs here to learn american accent.
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Robert Kumar
02-15 10:45 AM
First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.
I know but when there is a chance, we must make sure. Who told u that always works.
They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
Hence I got a doubt.
Again,
Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.
I know but when there is a chance, we must make sure. Who told u that always works.
They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
Hence I got a doubt.
Again,
Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.
more...
kishdam
02-11 02:14 PM
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.
In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.
If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.
In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.
If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.
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va_dude
05-07 04:23 PM
yes at TSC.
more...
Blog Feeds
11-19 03:01 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
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ivamember
01-25 04:55 PM
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
more...
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greenguru
01-31 12:56 PM
Hi ,
Yes, it is possible.
Yes, it is possible.
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sledge_hammer
06-17 10:22 AM
For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.
more...
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franklin
11-16 04:56 PM
If you have applied for AOS (1-485) your application will continue processing regardless of Priority Date becoming current.
However, and this is the important bit, you will only get your final approval (aka greencard in the mail) if a visa number is allocated to you. That only happens when you Priority Date is current (in the vast majority of cases, unless you were incredibly lucky and got a visa number allocated to you before Aug 17th - you would have your greencard by now if that were the case).
FWIW - this is how a lot of applications were approved in May / June time. A lot of people had been waiting a long time (since 05 before retrogression hit) with approved applications pending visa number availability. Suddenly, they became available, and they got their cards quickly.
Consider it this way. A lot of people appllied for AOS in 05 before retrogression. Their PD then became retrogressed and they were stuck in the yearly EAD / AP renewals, waiting for their PD to become current again for their GC to be approved. This happened for a brief window in May / June / July (depending on your PD / country ect) and then they got approval. Anything ringing a bell in this pattern?
However, and this is the important bit, you will only get your final approval (aka greencard in the mail) if a visa number is allocated to you. That only happens when you Priority Date is current (in the vast majority of cases, unless you were incredibly lucky and got a visa number allocated to you before Aug 17th - you would have your greencard by now if that were the case).
FWIW - this is how a lot of applications were approved in May / June time. A lot of people had been waiting a long time (since 05 before retrogression hit) with approved applications pending visa number availability. Suddenly, they became available, and they got their cards quickly.
Consider it this way. A lot of people appllied for AOS in 05 before retrogression. Their PD then became retrogressed and they were stuck in the yearly EAD / AP renewals, waiting for their PD to become current again for their GC to be approved. This happened for a brief window in May / June / July (depending on your PD / country ect) and then they got approval. Anything ringing a bell in this pattern?
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wandmaker
02-18 02:33 PM
One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.
It is a key point to know, thanks for posting
It is a key point to know, thanks for posting
more...
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priderock
06-02 07:13 PM
In talking to multiple travel agents, I don't think there is such a thing called "open ticket". I guess there is always a return date and most air lines will allow you to reschedule, some for free and some for a charge based on your ticket class.
The 6 months return validity suggestion above is valid, assuming they are on a visit visa (not have a GC themselves :). when my parents came they only have the ticket for 4 months and the officer at POE gave them 6 months on the departure card.
The 6 months return validity suggestion above is valid, assuming they are on a visit visa (not have a GC themselves :). when my parents came they only have the ticket for 4 months and the officer at POE gave them 6 months on the departure card.
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Bolt
04-23 12:42 PM
Hi Anand /Snathan,
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
Hi guys,
my h1 got approved on 21st of april 2009.
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
Hi guys,
my h1 got approved on 21st of april 2009.
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JunRN
07-16 11:05 PM
I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?
rameshvaid
04-07 10:30 AM
You should be getting the cards with in this week. A friend of mine got them within 10 days of getting the mail.
Congrats and start celebrating.
rv
Congrats and start celebrating.
rv
JEESEE
05-11 01:43 PM
desimass77,
I talked to the FAO and they seem to understand my situation. I just want to see if my wife qulifies as 'Qualified Non-Citizen' because she has not used her EAD as of yet and neither I have used my EAD or AP.
I talked to the FAO and they seem to understand my situation. I just want to see if my wife qulifies as 'Qualified Non-Citizen' because she has not used her EAD as of yet and neither I have used my EAD or AP.
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