hebron
10-22 10:00 AM
Hi 9Years and VayuMahesh,
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
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nk2006
10-21 03:32 PM
I am sending PMs to senior members of forum requesting to send emails. Started with "A" :)
Thank you for doing this.
Thank you for doing this.
dpp
07-20 01:17 PM
H1Bs taken care by California and Vermont centers. 485, 131 and 765 are handled by Nebraska and Texas centers.
Also, Nebraska is big and main center. They know how to handle load.
Here are the EAD statistics (real numbers):
Year Total received Approved
2000 1,451,527 1,325,840
2001 1,813,479 1,698,448
2002 1,745,976 1,573,842
2003 2,156,095 1,977,344
2004 1,640,703 1,694,623
2005 1,744,961 1,541,531
2006 1,462,583 1,188,770
By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.
If you already applied for EAD now, then you will for sure have a EAD by December.
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
Also, Nebraska is big and main center. They know how to handle load.
Here are the EAD statistics (real numbers):
Year Total received Approved
2000 1,451,527 1,325,840
2001 1,813,479 1,698,448
2002 1,745,976 1,573,842
2003 2,156,095 1,977,344
2004 1,640,703 1,694,623
2005 1,744,961 1,541,531
2006 1,462,583 1,188,770
By seeing above numbers, you can see how USCIS handles load of millions of EAD applications every year. so, 600K is not a surprise for them. In 2003, they got more 2 million applications, but they handled well. But it may be take one or two months extra, i.e. 3+2 = 5 months maximum to get your EAD. Thats for sure. They will be prepared for that when you they allow us to file.
If you already applied for EAD now, then you will for sure have a EAD by December.
Not trying to be pessimitic her but any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight.
There are dependancies. I-485 information needs to be entered in the system and A # on I-140 need to be crosschecked. If one is not available already then it needs to be generated. In any case, 5 minutes per EAD is still a conservative figure.
All these add to the time.
Also, due to H-1B pile (65 K +20 K+15K= 100K cases pending), this may not take priorty and resources may be diverted.
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neverbefore
09-13 05:57 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.
I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Cannot fault your argument mate. Much as I am for unity, I see your point. There have been several mentions of 2006 and later PDs being processed before some of their predecessors. This situation is not too different from that. I also agree with what you said about the illegals jumping queue.
I just don't see why USCIS cannot have a queue number system wherein the latest token number lets you know where they are at in processing of applications. This weird system of cut-off dates, in my humble opinion, only serves to complicate and confound.
more...
desigirl
05-06 08:00 AM
I have asked a few of my friends to call the list too. And I did another round of calling Tier 1 republicans only. It was pretty much the same response as the last time. I think that is their standard way of answering, - to sit on the fence.
Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)
Unless these issues are being discussed and called to vote, they will pander to whoever is talking. But, I think we still need to put continued pressure on them, hence the friends :)
gk_2000
08-23 10:50 PM
Then why you are fighting for the spill over rules as they stand. Because its going to help you :confused:
Read all the pages and let us know where anyone is stating to close the program. All we are saying is to close the loophole.
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
Read all the pages and let us know where anyone is stating to close the program. All we are saying is to close the loophole.
Context is everything
And people here are scolding and ranting against the program, not "loophole". But why even fight against the so-called loopholes? Don't we have anything better to do? Visa recapture is a much more worthy goal
And BTW, a 30k salary doesn't matter for executives. Jerry Yang works for $1 a year, so does it mean he is not eligible? And what about the executives working for free for a noble cause? Not everyone is money-minded, and they may choose their goals and priorities
more...
peer123
07-18 08:02 PM
Labor PD: April 29, 2003 (EB3)
140 Approved Date:
140 approved from: NSC
Mailed to NSC: June 1st
Received at NSC: June 4th
Receipt Date : June 5, 2007 This is what everybody gets now ........
Approved I485: Notice date : June 18, 2007
FP Appointment: July 11, 2007
I-485 : PENDING
My application was received on 12 the July but mailed on june 15th...
receipts are received by my lawyer....
what atcually is the notice date...
140 Approved Date:
140 approved from: NSC
Mailed to NSC: June 1st
Received at NSC: June 4th
Receipt Date : June 5, 2007 This is what everybody gets now ........
Approved I485: Notice date : June 18, 2007
FP Appointment: July 11, 2007
I-485 : PENDING
My application was received on 12 the July but mailed on june 15th...
receipts are received by my lawyer....
what atcually is the notice date...
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saketkapur
05-07 12:51 PM
can cal we also have an efax campaign going alongside??
more...
vjkypally
07-18 05:44 PM
Funds are really needed but another important thing is to leverage the momentum obtained due to CIR and more recently July Visa fiasco.
I think iV should aggressively focus on recapture of visas, 1 visa per family(Hillary Clinton already supports us on this and we can rope in Zoe loe****
who supported us now) and also removing country based limit.
Momentum is very important and now is the time to restart and I m sure funds ll flow. Removing country based quota is the easiest one to target first.
Cheers
I think iV should aggressively focus on recapture of visas, 1 visa per family(Hillary Clinton already supports us on this and we can rope in Zoe loe****
who supported us now) and also removing country based limit.
Momentum is very important and now is the time to restart and I m sure funds ll flow. Removing country based quota is the easiest one to target first.
Cheers
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vjkypally
07-20 01:48 PM
And same with Chinese, Mexicans and Filipinos
more...
Jaime
09-12 04:24 PM
bump
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$eeGrEeN
09-10 12:40 PM
request to all help increase my rep. points////
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singhsa3
09-12 02:23 PM
Looks like backward clock is the most popular idea so far.
Now,
There are two scenarios someone suggested to me in the office:
Scenario 1: Send these indiviudually (one per person).
Scenario 2: Send collectively a set of 10 backward clocks, with a greivance/protest letter , where as 10 represents month of October and signed by IV.
Now,
There are two scenarios someone suggested to me in the office:
Scenario 1: Send these indiviudually (one per person).
Scenario 2: Send collectively a set of 10 backward clocks, with a greivance/protest letter , where as 10 represents month of October and signed by IV.
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dreddy
10-05 02:54 PM
first applied in 2002 and changed company in 2006..still waiting to apply 485
more...
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nashim
08-11 04:35 PM
Is it Rumors or True?
If it is true then really its very good news and we can see 140 approvals soon.
If it is true then really its very good news and we can see 140 approvals soon.
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cooldude0807
07-14 02:58 PM
Contributed $25
more...
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pappu
09-12 04:19 PM
Even if many people write a few times to the same reporter it is ok. Make sure it is not a spam. This means,send a personalized letter and try to use different templates for cover letters.
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Ann Ruben
05-14 04:53 PM
I believe so. I assume that USCIS eventually sends a letter acknowledging the revocation, but I don't know for sure.
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s_r_e_e
08-10 12:32 PM
I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.
I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.
Thanks a bunch
If you are around houston, it would be better to go in person. I think they accept the applications only until noon. They would tell u a Pickup date or u have an option to get it mailed. The passport is ready for pickup in 10 working days or so.
zinchak
09-11 09:06 PM
I have also posted about this drive on boards.immigration.com
lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
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