pappu
08-14 02:36 PM
Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
evaluate your pros and cons based on your own unique situations.
the BEC uses old generous rules to process applications. thus chances of success are better
perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.
you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.
bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.
in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.
thus priority dates are more important. make sure any decision you take maintains your old date.
evaluate your pros and cons based on your own unique situations.
the BEC uses old generous rules to process applications. thus chances of success are better
perm is faster and thus you can get 140 done sooner to get 3 year extension instead of 1 year.
you can transfer priority date via perm. however if your case in perm is denied, you get into problem. you cannot then go back to BEC application.
bec should process cases by mid next year. there is lot of pressure on them. till now their performance has not been all that good and they are getting lot of flak for it.
in the current retrogression scenario, even if you get perm and 140 approved, you will still be in the back of the line at 485.
thus priority dates are more important. make sure any decision you take maintains your old date.
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goel_ar
05-01 09:29 AM
I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
TeddyKoochu
07-29 03:26 PM
The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
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royus77
07-01 03:23 PM
Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
more...
abhijitp
08-02 04:42 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
The7zen
01-26 07:54 PM
Voted ????? How ? did u get a confirmation ?
Anyone care to answer this ????
Anyone care to answer this ????
more...
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ars01
09-15 02:42 PM
Come on let's be positive:
EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.
EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.
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saajed
11-15 10:43 PM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
more...
DSLStart
10-02 11:43 AM
sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like immigrationportal.com for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned.
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
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go_guy123
06-18 10:52 PM
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.
Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.
1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.
1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay
In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.
Plus major difference between 1996 and 1986
In 86 tough rules was a price extracted for amnesty for illegals.
In 1996 not even one clause was pro immigrants.
By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.
Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.
1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.
1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay
In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.
Plus major difference between 1996 and 1986
In 86 tough rules was a price extracted for amnesty for illegals.
In 1996 not even one clause was pro immigrants.
more...
trsspk
01-08 04:32 PM
My view is little different, my friend(32 age) who is a business man (an engineer and MBA)..went with his wife and two kids to b2 stamping, got multiple entry visa for 10 yrs. His preparation is very simple, he showed his business commitments and need of his presence to the businesses he is handling and second..he could convince the consulate that he is visiting to US for the sake of kids enjoy desney...he previously visited s'pore and klm...
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
if your folks are doing a honest visit..i would suggest them not to show any siblings in US and they show their ability to fund their trip and a convincing reason..(like second honeymoon...or any business conference)...and i remind you there is no set pattern that a few will get and a few won't get...its all up to how you present your case....goodluck
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i4u
04-20 07:46 AM
What is IV team's take on marching with this group? Should IV members join in?
Want to know the strategies.........
Want to know the strategies.........
more...
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kghoshal
11-22 07:21 PM
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
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chaukas
04-15 02:28 AM
My parents travelled both on Cathay and JAL. Cathay has better food , but the flight to SFO is really long. They had used JAL before which has approx 8-10 hrs for each leg. Also, on the return , there is a days halt , so they provide a hotel. My parents took a small tour of the area too.
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nc14
10-05 01:16 PM
Way to go Pappu and IV.
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vikramy
01-08 11:05 AM
Is Attorney coming today?
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TO BE OR NO TO BE
06-04 01:54 PM
What happens if the current company withdraws the labour after you have moved to the new company.
Is your h1b 8th year extn invalid..
No your new H1B is valid till it expires.
Is your h1b 8th year extn invalid..
No your new H1B is valid till it expires.
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roseball
02-28 12:29 PM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....
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kevinkris
07-10 05:33 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
chanduv23
02-14 03:58 PM
We want widespread support from all Physicians.
If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.
Please spread the message and get your organizations to participate actively in this campaign.
Please post you pledge for support on this thread
If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.
Please spread the message and get your organizations to participate actively in this campaign.
Please post you pledge for support on this thread
factoryman
07-02 01:20 AM
Keep it as it is. Then you can do FB based GCs on either side.
Talk of 'having the cake and eat it too'. Perfectly possible in this case.
Talk of 'having the cake and eat it too'. Perfectly possible in this case.
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