madhu
05-20 04:37 PM
Hi,
I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09
Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
Any thoughts in this gurus !
See the spreadsheet for details
thx
mr
I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09
Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
Any thoughts in this gurus !
See the spreadsheet for details
thx
mr
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mnq1979
12-20 08:13 AM
thank you so much for the reassurance, have been getting mixed reports of immigration officers denying re-entry, so am a little perturbed :) dont want to be stuck in a situation where i cannot re-enter :)
dont worry.....you shd be fine...think +ve and remain +ve...!!!!!!!!!!
dont worry.....you shd be fine...think +ve and remain +ve...!!!!!!!!!!
uma001
11-18 10:31 AM
That's a good sign for folks who wants to file green card next year and could not file this year becos of bad labor market
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
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vikasgarg24
07-12 10:09 AM
I think this become a problem for USCIS. might be they have some political pressure "not to allot Visa" and I dont think they will reversed. That I say American dadagiri. Rules for others only not for them
more...
makemygc
07-26 11:16 AM
this is a little bit off topic, but does anyway know what are the requirements for practicing immigration law in the US? What kind of formal training and bar exam passing etc are needed?
With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).
My friends recommending me that too. I should do law instead of doing MBA. Not a bad idea.;)
With the extensive practice that USCIS has provided us, atleast in EB matters I think for most of us it will be a cakewalk. Having gone through the process ourselves we also understand how to treat the immigrant (frequent updates, clear answers, be accessible, provide all options and information) and some of us could make very good immi lawyers (once we get our EADs).
My friends recommending me that too. I should do law instead of doing MBA. Not a bad idea.;)
amitjoey
01-04 11:21 AM
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.
more...
desi3933
06-10 12:45 PM
Hi,
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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ovaloffice
05-22 05:07 PM
Hello
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
more...
gc28262
10-07 01:19 PM
H-1B Certification (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
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pa_arora
07-31 05:14 PM
Some of us will be seeing approvals starting tomorrow, the magic date AUG 1, 2008.
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
Please post ONLY approvals, LUDs, audits starting Aug 1.
Good luck to all.
Thanks
more...
sathweb
07-12 08:15 AM
This USCIS fiasco seems to have more twists than Anna Nicole Smith case.
Here is new father of the fiasco:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Here is new father of the fiasco:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
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gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
more...
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wata
06-22 02:23 PM
For me EB3 PD date doesn't mean anything because EB2 PD is current. I believed you may retain your PD if you got your I-140 approved.
do you know if you can retain your PD from your eb3 application for your new application..
do you know if you can retain your PD from your eb3 application for your new application..
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cygent
02-01 04:53 PM
Hi Terpac,
Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
Which center filed NSC or TSC?
Please consult your attorney, or also try www.thedegreepeople.com
Do post/update your situation here to help the rest of us.
Thank You!
Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
Which center filed NSC or TSC?
Please consult your attorney, or also try www.thedegreepeople.com
Do post/update your situation here to help the rest of us.
Thank You!
more...
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laststraw
04-15 12:26 PM
Here is my estimate on the timeframe:
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
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wandmaker
04-27 12:19 PM
Green Card approved on April 23.
How long does it take to get actual card?
Good luck to all!
If the everything goes per work flow then you should receive
- Welcome Notice on or around or before April 30th
- Physical Card anytime between April 30th and May 8th
How long does it take to get actual card?
Good luck to all!
If the everything goes per work flow then you should receive
- Welcome Notice on or around or before April 30th
- Physical Card anytime between April 30th and May 8th
more...
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Navkcl
06-21 02:29 PM
Please advise,
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485
Thanks in Advance
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485
Thanks in Advance
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gcpower1
02-09 06:31 PM
Everyone know about the problem insted of sloving PROBLEM (slavery) they will chase the H1-Visa people to the work place like they are thieves.
Why they are not chaseing the illegal people ?
They issues GC to Illegal people before the legal (H1-LC-I140-485) 10 years wait.
Everyone knows they but no one wants to admit.
Why they are not chaseing the illegal people ?
They issues GC to Illegal people before the legal (H1-LC-I140-485) 10 years wait.
Everyone knows they but no one wants to admit.
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Nagireddi
04-04 10:27 PM
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
maddipati1
09-06 01:55 AM
good ide ras. change the title to start with 'Request to IV Core:' and add D.C. next to Washington.
These Telugu Assn guys can really mobilize lots of people from DC, Virginia area.
Pl. Send PMs to IV core members: WaldenPond, Pappu, Logiclife, Paskal etc..
These Telugu Assn guys can really mobilize lots of people from DC, Virginia area.
Pl. Send PMs to IV core members: WaldenPond, Pappu, Logiclife, Paskal etc..
imh1b
11-12 02:22 PM
Do you know Ozone layer depletion is because of Anti-Immigrants?
These anti-Immigrants are all mostly Jobless people who are incompetent in their jobs. They are lazy fat bums who sit on their a$$ and fart all day from behind as well as from their mouth using hate speech. This has caused too much of harmful gases in atmostphere and have depleted ozone. Their extra weight has sunken many couches and added a lot of broken couches in junkyards. These disposed couches are adding extra weight on the earth and causing earth to sink 1 milimeter every year. A new study will soon be reported in the Onion news.
:)
These anti-Immigrants are all mostly Jobless people who are incompetent in their jobs. They are lazy fat bums who sit on their a$$ and fart all day from behind as well as from their mouth using hate speech. This has caused too much of harmful gases in atmostphere and have depleted ozone. Their extra weight has sunken many couches and added a lot of broken couches in junkyards. These disposed couches are adding extra weight on the earth and causing earth to sink 1 milimeter every year. A new study will soon be reported in the Onion news.
:)
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