sc3
08-13 08:03 PM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS is not efficient, and in fact they are playing with EB3s. There needs to be better transparency, and better adherence to the laws.
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS is not efficient, and in fact they are playing with EB3s. There needs to be better transparency, and better adherence to the laws.
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Ramba
11-19 06:59 PM
Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
gbof
10-26 01:31 PM
My case is very straight-forward but some really inefficient guy is making it complicated. I need your experience and inputs. Please do advise.
I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....
Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.
My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.
Please, advise and let me know of your thoughts....
^^^bump^^^
I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....
Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.
My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.
Please, advise and let me know of your thoughts....
^^^bump^^^
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beautifulMind
08-20 01:13 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
more...
invincibleasian
02-04 06:13 PM
srikondoji,
My wife and I have an appointmnet on the 20th of Feb at Chennai. I am taking the same set of documents I took couple of years ago (of course the updated ones). Olny thing is this time my I-140 is approved and I have disclosed that info in my application. I am hoping that nothing will go wrong. PM me if you want feedback after my interview.
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
My wife and I have an appointmnet on the 20th of Feb at Chennai. I am taking the same set of documents I took couple of years ago (of course the updated ones). Olny thing is this time my I-140 is approved and I have disclosed that info in my application. I am hoping that nothing will go wrong. PM me if you want feedback after my interview.
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
fpb
12-06 10:09 PM
Please mail me at IL AT immigrationvoice DOT org
Need your name, email address, phone, PD, EB2/EB3,Country.
I will call and verify.
Hi, I did respond your e mail, but because i am new to forum features, It was somewhat later than your request. In response I sent you my email, contact phone and if u need more, just call me. Im willing to contribute to the chicago chapter since I live downtown.
Thanks.
Need your name, email address, phone, PD, EB2/EB3,Country.
I will call and verify.
Hi, I did respond your e mail, but because i am new to forum features, It was somewhat later than your request. In response I sent you my email, contact phone and if u need more, just call me. Im willing to contribute to the chicago chapter since I live downtown.
Thanks.
more...
GC08
08-26 11:04 AM
Have to agree that it appears to be the case. Look at I140... there is a 4 month difference between the 2 centers. How could that happen?! How come they did not balance the workload to ensure work is done in an orderly way? Probably it is pure mismanagement and incompetence???
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felix31
07-01 05:38 PM
friends,
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
more...
hpandey
09-16 10:58 AM
I was wondering if your H1 visa was not approved how did you come back on H-4 visa. Didn't your H4 status get invalid when your H1 got approved.
The approval of your H1 would have invalidated your H-4 visa :confused:
The approval of your H1 would have invalidated your H-4 visa :confused:
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chanduv23
02-07 12:41 PM
IV has so many members who just do not pull the trigger. They just do not step out of their cocoons.
This is gthe time - please please please step out and start helping IV to help yourself.
IV is one voice and be a part of this voice - collectively we can all shout loud enough so that even the deaf can hear us.
So please step up and help us. IV needs you all. IV needs your support.
Please participate in the admin fix campaign and make it a success.
Please keep this thread high up by pledging support and posting your action towards this campaign.
This is gthe time - please please please step out and start helping IV to help yourself.
IV is one voice and be a part of this voice - collectively we can all shout loud enough so that even the deaf can hear us.
So please step up and help us. IV needs you all. IV needs your support.
Please participate in the admin fix campaign and make it a success.
Please keep this thread high up by pledging support and posting your action towards this campaign.
more...
dvb
10-30 02:52 PM
Hi,
If you have used the H1 approval to go out of the country and get the visa stamped and then come back in, the white I-94 given at the airport supersedes the one in the H1 approval. That is the core issue.
Regarding an earlier question, you can contact any local "international" airport - in my case, my port of entry was Detroit, but I got the correction done in Cleveland.
-
DVB
I don't know if I didn't understand this right but one of my friends came to U.S like 5 yrs back in 2002.
Never left the country fo far.
She came on H4 and at that time her I-94 was till Apr/2005.
She got H1 in 2004 with new I-94 till May/2007.
Got her H1 extension( with new I-94 dates.)
The I-94 she got at the port of entry expired but her employer told her it is not a problem as her H1 has a I-94 with new dates.
I know in your cases(s) you have passport expiry thing. But I guess it's still the same right. I gues your H1 will have new I-94 in it .So what is the descrepency?
Please let me know .
Thank you.
If you have used the H1 approval to go out of the country and get the visa stamped and then come back in, the white I-94 given at the airport supersedes the one in the H1 approval. That is the core issue.
Regarding an earlier question, you can contact any local "international" airport - in my case, my port of entry was Detroit, but I got the correction done in Cleveland.
-
DVB
I don't know if I didn't understand this right but one of my friends came to U.S like 5 yrs back in 2002.
Never left the country fo far.
She came on H4 and at that time her I-94 was till Apr/2005.
She got H1 in 2004 with new I-94 till May/2007.
Got her H1 extension( with new I-94 dates.)
The I-94 she got at the port of entry expired but her employer told her it is not a problem as her H1 has a I-94 with new dates.
I know in your cases(s) you have passport expiry thing. But I guess it's still the same right. I gues your H1 will have new I-94 in it .So what is the descrepency?
Please let me know .
Thank you.
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ImmiUser
07-10 08:55 PM
goto www.immigration-law.com and click on breaking news
more...
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va_labor2002
06-22 04:36 PM
There is no harm in trying different possibilities. Media is a good option.Also,
contacting indian ministers and government is not a bad idea at all. They may be able to help us ! it is better to try , rather than doing nothing !
Wake up guys, i am not being negative, i am just being positive,
the points that you mentioned applies to US economy, I Myself is playing very important role in Multi-million $$ product,
do you think US politicians care about us, they just showed straight finger, if you don't get then it'z not my problem
The only way we can get any thing out of these politicans by playing politics, show them the meat, we need to figure that out
One thing always worked is MEDIA, we need to get more attention on national media
again I am just being practicle
contacting indian ministers and government is not a bad idea at all. They may be able to help us ! it is better to try , rather than doing nothing !
Wake up guys, i am not being negative, i am just being positive,
the points that you mentioned applies to US economy, I Myself is playing very important role in Multi-million $$ product,
do you think US politicians care about us, they just showed straight finger, if you don't get then it'z not my problem
The only way we can get any thing out of these politicans by playing politics, show them the meat, we need to figure that out
One thing always worked is MEDIA, we need to get more attention on national media
again I am just being practicle
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wata
09-30 03:27 PM
This is absolutely no-sense at all.
Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.
You compare about 2-3 month processing time from one Center and another 1 year from another service center.
People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.
We don't want people get process by Luck! or by paying more money and left other people behind.
What you think?!:mad:
Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.
You compare about 2-3 month processing time from one Center and another 1 year from another service center.
People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.
We don't want people get process by Luck! or by paying more money and left other people behind.
What you think?!:mad:
more...
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mrajatish
05-22 03:04 PM
Please email your senators/ send them fax or call them - no point in venting it on the forum, nothing is going to change.
Change the lawmaker's mind.
Change the lawmaker's mind.
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n.sravan
11-10 09:03 PM
Thanks a lot for all of ur suggetions..
I am glad to inform you all that despite of all these various varities of problems, SSN is issued and currently preparing to apply for jobs...
I will still try to move USCIS to correct my name..
I am glad to inform you all that despite of all these various varities of problems, SSN is issued and currently preparing to apply for jobs...
I will still try to move USCIS to correct my name..
more...
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skdskd
08-26 09:17 PM
You didn't say any where in your message that TSC applicants are getting RN very late. Sorry to say but it seems you are very mean and selfish person. But looking at only NSC your concern is currect.
I think we are united here.
I agree with your assesment about ramhs
I think we are united here.
I agree with your assesment about ramhs
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praveenuppaluri
08-19 01:40 PM
Kondur, based on your signature, you have 3 active applications in the system. I understand EB1A, thats you sponsering yourself and no labor needed. EB2 with PD 02/08 is employer filed with PERM and I140 and whole nine yards. if I understand it right, EB2 NIW is also something an employer should sponser (or atleast help you with some documentation) and you file I-140 directly like EB1A. I know parallel applications are OK and EB2-NIW or EB1A are surely faster. but is there any reason behind that many applications at same time (other than increasing your probability of atleast one going thru?)..
EB2 India PD 2/08
EB1A: I 140 filed: July 2009. Pending
EB2 NIW: I 140 filed: July 2009. Pending
.
EB2 India PD 2/08
EB1A: I 140 filed: July 2009. Pending
EB2 NIW: I 140 filed: July 2009. Pending
.
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americandesi
11-13 03:12 PM
Canada is a great country, I am sure there are plenty of good trash cans all around the country, surely they can hold a small litte I94.
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
Dude, You can use I-94 card as a toilet paper when you take the very first exit in Canada. You are leaving for good! Do not worry about it. Meanwhile, congratulations for taking this bold step and moving to Canada after 6 years of H1-B. I wish you well.
It's ridiculous how people start to bad mouth everything related to US once they get a PR from another country, especially Canada. It�s like kicking off the same ladder that you used for climbing.
1. You gained entry into US with the �toilet paper�.
2. The �toilet paper� allowed you stay legally in this country.
3. The legal stay enabled you to apply for Canadian PR from Canadian Consulate General in Buffalo where the processing time is less than 2 years.
4. The legal stay enabled you to earn sufficient funds which you showed as proof of funds in your application papers.
5. The legal stay enabled you to get police clearance certificates from FBI and also from your country�s consulate in US.
Now let�s say you didn�t have this �toilet paper� and applied for Canadian PR for India.
1) You would only be eligible to apply from Canadian Consulate General in NewDelhi where the processing time is more than 5 years.
2) If you are from a middle class background, then you would have a hard time in providing the proof of funds for a family of 4, with your earnings from India.
3) You would have to grease the palms of police to get police clearance certificates and they are gonna take their own sweet time to provide you these documents.
Now be thankful that you got away from all these with the �toilet paper�. And remember that you are leaving to Canada not because of your love for the country, but because you didn�t get your US GC on time. Sour grapes, huh?
I know that i will be getting red dots for this post from hypocrites and I don't give a damn about it. All I can say to them is "Instead of pressing your finger against the mouse, press it against your forehead and think about the benifits that you milked from this country".
Or how about getting your I 94 framed and selling it on ebay?
Relax..............have a great future in Canada...
Dude, You can use I-94 card as a toilet paper when you take the very first exit in Canada. You are leaving for good! Do not worry about it. Meanwhile, congratulations for taking this bold step and moving to Canada after 6 years of H1-B. I wish you well.
It's ridiculous how people start to bad mouth everything related to US once they get a PR from another country, especially Canada. It�s like kicking off the same ladder that you used for climbing.
1. You gained entry into US with the �toilet paper�.
2. The �toilet paper� allowed you stay legally in this country.
3. The legal stay enabled you to apply for Canadian PR from Canadian Consulate General in Buffalo where the processing time is less than 2 years.
4. The legal stay enabled you to earn sufficient funds which you showed as proof of funds in your application papers.
5. The legal stay enabled you to get police clearance certificates from FBI and also from your country�s consulate in US.
Now let�s say you didn�t have this �toilet paper� and applied for Canadian PR for India.
1) You would only be eligible to apply from Canadian Consulate General in NewDelhi where the processing time is more than 5 years.
2) If you are from a middle class background, then you would have a hard time in providing the proof of funds for a family of 4, with your earnings from India.
3) You would have to grease the palms of police to get police clearance certificates and they are gonna take their own sweet time to provide you these documents.
Now be thankful that you got away from all these with the �toilet paper�. And remember that you are leaving to Canada not because of your love for the country, but because you didn�t get your US GC on time. Sour grapes, huh?
I know that i will be getting red dots for this post from hypocrites and I don't give a damn about it. All I can say to them is "Instead of pressing your finger against the mouse, press it against your forehead and think about the benifits that you milked from this country".
masti_Gai
10-06 01:55 PM
tell him u need a copy of ur 140 he might mail u a scanned copy of the same. Then switch the company using this 140.
i know its a dumb idea.:rolleyes:
but u have to take a chance.;)
if ur employer is pissed off he might revoke ur 140 :eek: :eek:
i know its a dumb idea.:rolleyes:
but u have to take a chance.;)
if ur employer is pissed off he might revoke ur 140 :eek: :eek:
sankap
08-24 01:19 PM
AC21 has nothing to do with EAD.
So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?
So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?