ajthakur
07-14 05:07 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
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alisa
01-27 09:25 AM
I am glad you posted this.
I will put the numbers in the excel spreadsheet and see what comes out.
But these might give more sensible results than the preposterous wait times that we were getting.
If the average depletion rate for India is 34K per annum, then the wait times would look a lot better I think.
I am assuming that these numbers include the dependents. So, if 34K adjustment of status were awareded, then, roughly speaking, there were 17K primary applicants, and 17K dependents? Am I correct?
Also, for the accumulation rate, when we say that 65K H-1 visas are given out annually, I am assuming that does not include the dependents. Am I right??
FISCAL ------ Employment ------- EB3
YEAR ----- Total ---- INDIA | Total --- India
2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
6 yr total - 951,605| 207001| 487,157| 93441
Annual Avg --------- 34500 | -------- 15574
If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
If you plug this number into your analysis the result might be a couple of years of advance for your predictions.
andy
I will put the numbers in the excel spreadsheet and see what comes out.
But these might give more sensible results than the preposterous wait times that we were getting.
If the average depletion rate for India is 34K per annum, then the wait times would look a lot better I think.
I am assuming that these numbers include the dependents. So, if 34K adjustment of status were awareded, then, roughly speaking, there were 17K primary applicants, and 17K dependents? Am I correct?
Also, for the accumulation rate, when we say that 65K H-1 visas are given out annually, I am assuming that does not include the dependents. Am I right??
FISCAL ------ Employment ------- EB3
YEAR ----- Total ---- INDIA | Total --- India
2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
6 yr total - 951,605| 207001| 487,157| 93441
Annual Avg --------- 34500 | -------- 15574
If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
If you plug this number into your analysis the result might be a couple of years of advance for your predictions.
andy
amsgc
07-19 12:06 AM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
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iv_only_hope
02-20 03:47 PM
Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.
From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.
Ok now shoot me down.
From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.
Ok now shoot me down.
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Jaime
09-13 02:01 PM
Easy decision: JUST COME GUYS!!!!
caydee
04-22 01:04 AM
Quite a few number of ppl from IV attended and i do hear that some good things are going on in the background, esp with the Congressman's Guiterrez's office...Hopefully something good will happen for all of us out this....
Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.
The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.
Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.
The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.
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like_watching_paint_dry
04-06 11:10 PM
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
No no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
IV should do something about this before too late! ;)
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Sunx_2004
01-24 11:31 AM
^^bump^^
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crazyghoda
01-30 01:50 PM
Yes I filed on July 5th 2007.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
When do the medical tests run out. I did mine sometime in June 2007. I recall someone mentioning that you need to keep doing those every "x" months or something. Is that true?
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
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qesehmk
02-11 03:03 PM
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Family based visa used for FY2009 = 215,343
Family based immigrant visa numbers = 226,000
Unused visa = 10,567
available for employment based visa numbers for FY2010.
*********
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105
Family based immigrant visa numbers = 226,000
Unused visa = ZERO
available for employment based visa numbers for FY2009.
Always go by the facts.
___________________
Not a legal advice.
I agree. I tried to see if there is a way FB category in 2009 might have received a spillover from EB. But thats almost impossible given EB is severely backlogged.
Another way to verify unused 13K in 2009 EB would be to check 2010 FB limit. If there were unused visas from EB in 2009 then they go back to FB in 2010.
Finally, per Ron unused is not same as wasted. Unused is unassigned. Wasted is .... assigned but action is not taken to close the case. If that is the case then wasted visas won't be available .... neither inside or outside category. It is frightening to think that with so many preadjudicated cases USCIS might be wasting visas! I don't believe this .... but if true ... it is outrageous.
Family based visa used for FY2009 = 215,343
Family based immigrant visa numbers = 226,000
Unused visa = 10,567
available for employment based visa numbers for FY2010.
*********
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105
Family based immigrant visa numbers = 226,000
Unused visa = ZERO
available for employment based visa numbers for FY2009.
Always go by the facts.
___________________
Not a legal advice.
I agree. I tried to see if there is a way FB category in 2009 might have received a spillover from EB. But thats almost impossible given EB is severely backlogged.
Another way to verify unused 13K in 2009 EB would be to check 2010 FB limit. If there were unused visas from EB in 2009 then they go back to FB in 2010.
Finally, per Ron unused is not same as wasted. Unused is unassigned. Wasted is .... assigned but action is not taken to close the case. If that is the case then wasted visas won't be available .... neither inside or outside category. It is frightening to think that with so many preadjudicated cases USCIS might be wasting visas! I don't believe this .... but if true ... it is outrageous.
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akred
06-12 11:52 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
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feedfront
09-17 03:37 PM
When they issue RFE, does the case status online shows Card/Document production?.
My online status still shows 'Request For Evidence'. In one way, it is less disturbing than yours. Good Luck!
My online status still shows 'Request For Evidence'. In one way, it is less disturbing than yours. Good Luck!
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abracadabra102
02-09 04:45 PM
They wasted 580 EB3 India visas last year (2009).
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
A third of 7% is the upper limit for EB3 I. They can issue fewer Visas based on demand from other countries. Having said that, South Korea and Philippines got more than their fair share. There may be some reason for this.
Total available EB3 India GC Visas per year: 2802
Used: 2222
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf
A third of 7% is the upper limit for EB3 I. They can issue fewer Visas based on demand from other countries. Having said that, South Korea and Philippines got more than their fair share. There may be some reason for this.
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2ndJuly
09-11 11:53 AM
Here is the info from NumbersUSA:
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
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chanduv23
02-13 10:55 PM
Dear friends,
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
I am a strong advocate of Unity and I appreciate your post. Infighting exists everywhere, it is not created but exists in us and our thought process. Let us not say that USCIS or US govt creates the "infighting" by divide and rule. We fight among ourselves because we are unorganized and do not have a platform. IV has provided one of the biggest platforms that caters to all highly skilled immigrants which covers a broad range of issues and is a wonderful platform for all of us to unite.
United we stand, divided we fall - if people find reasons not to be united, then they can expect Lou Dobbs accusing them even after they become US citizens
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
I am a strong advocate of Unity and I appreciate your post. Infighting exists everywhere, it is not created but exists in us and our thought process. Let us not say that USCIS or US govt creates the "infighting" by divide and rule. We fight among ourselves because we are unorganized and do not have a platform. IV has provided one of the biggest platforms that caters to all highly skilled immigrants which covers a broad range of issues and is a wonderful platform for all of us to unite.
United we stand, divided we fall - if people find reasons not to be united, then they can expect Lou Dobbs accusing them even after they become US citizens
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bigboy007
07-18 12:34 PM
i think we need to wait till a week more and then give a call back to USCIS just to make sure , as per my understanding and my lawyers info none were rejected and they will be accepted.
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sodh
07-24 10:44 PM
I was on OPT but my I140 has a different number than the one on my OPT.
They are talking about Allien#.
They are talking about Allien#.
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zuhail
05-08 07:07 PM
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
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meimmi
03-09 04:45 PM
In my husband's case we dont have that much time.
Here what our plan is:-
1. Self file G-28.
2. Follow up with an infopass appt. with in a month.
Rest god willing. What ever is going to happen will happen. No one can stop it from happening.
Hi, Did you send the AC21 letter yourself? Can you please let us know the format of the letter and supporting documents you sent? Also, please share the format of G-28 explanation. How was your experience so far? Did you receive any confirmation back from USCIS? Thanks.
Here what our plan is:-
1. Self file G-28.
2. Follow up with an infopass appt. with in a month.
Rest god willing. What ever is going to happen will happen. No one can stop it from happening.
Hi, Did you send the AC21 letter yourself? Can you please let us know the format of the letter and supporting documents you sent? Also, please share the format of G-28 explanation. How was your experience so far? Did you receive any confirmation back from USCIS? Thanks.
sledge_hammer
06-19 06:12 PM
What is the "period of stay form"?
kanakabyraju
07-13 07:23 AM
YES. You will be all set.
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
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