indianabacklog
12-04 08:56 PM
If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
the third rule on the first thread.
One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.
the third rule on the first thread.
One week is not going to be an issue. Even green card holders are allowed vacations out of the US you are not expected to remain here 100% of the time.
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smartboy75
05-25 05:53 PM
Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
whiteStallion
05-22 07:40 PM
My PERM application filed on 10th March 2008 in Chicago, got certified this Monday(05.19.2008). So you should be very close to your approval...may be next week!
All the best!
All the best!
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MArch172008
06-16 05:03 PM
IS any one processing two GC process one with the current employer and other based on future employment with other employer ?
regards
regards
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sbmallik
09-01 09:32 AM
If you live ourside of US and work for an non-US Company then you are not in H-1B; you will be in Spanish resident visa status. However, on your return to the previous company in the US, you can recepture the time spend in Spain on your H-1B visa.
I would try to explore the remote working options from Spain for the US employer.
I would try to explore the remote working options from Spain for the US employer.
H1B-GC
07-17 01:53 PM
wow..indeed a long and arduous GC Journey. Congrats!
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veni001
06-07 01:08 PM
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
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Pineapple
08-01 11:05 PM
It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
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wandmaker
11-01 10:27 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
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prouddesi
09-10 05:57 PM
Dear Members,
IV recommends that you wear IV T shirts for the Rally.
Here is a link to buy IV T-Shirts for the rally.
http://www.cafepress.com/immivoice/
If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:
http://www.cafepress.com/immivoice/3465245
Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
Hi,
I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.
Thanks.
IV recommends that you wear IV T shirts for the Rally.
Here is a link to buy IV T-Shirts for the rally.
http://www.cafepress.com/immivoice/
If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:
http://www.cafepress.com/immivoice/3465245
Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
Hi,
I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.
Thanks.
more...
drirshad
05-26 11:01 AM
McCain Talks CIR
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
New York Times reports that, at a round table of business leaders in California, Senator McCain said that comprehensive immigration reform should be a top priority for the next president.
http://thecaucus.blogs.nytimes.com/2008/05/22/mccain-says-immigration-reform-should-be-top-priority/
He said "Senator Kennedy and I tried very hard to get immigration reform, a comprehensive plan, through the Congress of the United States. It is a federal responsibility and because of our failure as a federal obligation, we're seeing all these various conflicts and problems throughout our nation as different towns, cities, counties, whatever they are, implement different policies and different programs which makes things even worse and even more confusing... I believe we have to secure our borders, and I think most Americans agree with that, because it's a matter of national security. But we must enact comprehensive immigration reform. We must make it a top agenda item if we
don't do it before, and we probably won't, a little straight talk, as of January 2009."
Source: ILW
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needhelp!
08-30 05:33 PM
As IV grows up, we should have a hall of fame for folks like you who have shown continued support to the cause. I am here now because I am affected, but to be here after its all said and done, is greatness.
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gc_lover
11-20 07:36 AM
I went to court in NJ to pay fine and get rid of points for red-light ticket. I reached there by 5 PM and was not able to get out by 9 PM, 4 hours of hell. It happened that way because people who had attorneys with them were given special treatment and they were able to leave court well before others.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
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dixie
09-11 07:06 PM
We cannot fault USCIS for the BEC backlogs .. thats the work of the even more incompetant DOL.Even they have improved with the PERM system. Our battle with retrogression is really a political issue more than a procedural one .The one place there is major room for improvement for USCIS is to use a more reliable system of advancing PDs than the current arbitrary system. There is no denying that USCIS has been improving lately with respect to service times(given the scarce resources), so lets give them credit where it is due.
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gcformeornot
01-22 03:22 PM
Hello,
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
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vamsi_poondla
09-05 09:36 PM
we should all attend. Failure is not an option...there is no better time than Sept 18th
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CADude
07-23 11:22 PM
Take alternative opnion from good Attorney and take a chance.
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
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joydiptac
06-01 04:53 PM
Just provide the information that they have asked for. They are about to make a decision on your case. i.e. Whether to preadjudicate or not.
So that when the numbers are available yours will be ready to send the card. :)
So that when the numbers are available yours will be ready to send the card. :)
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titu1972
10-29 02:06 PM
You got an EAD for your kid? What is the minimum age for a kid to be eligible for an EAD?
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
Yes... It will say "Work Authorization Only".
The SSN card will contain a restriction saying "authorized for work only" which would mean the kid should have reached the min age for eligibility to work.
Yes... It will say "Work Authorization Only".
jnayar2006
03-27 05:40 PM
nsnriv,
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
gcformeornot
02-11 08:12 PM
gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?
It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.
is you need to be expert in Companie's processes, practices, products and inhouse software......
It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.
is you need to be expert in Companie's processes, practices, products and inhouse software......
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