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kriskris

08-19 11:10 AM

I posted the following at another forum on this topic:



It is from this link:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52


Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.




This is from FR 17172 which you can find at:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
Thanks for the info. Good to know abt this.

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conchshell

07-12 02:51 PM

RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?

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inskrish

01-27 02:15 PM

For some reasons, USCIS has changed the 'Posted Date' from 01/23 to 01/27. I don't know what changes they have made in the Jan.09 processing dates. Does anyone notice any difference in the dates?

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ARUNRAMANATHAN

06-20 08:50 AM

If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!


See the Requirements for the same ....

Lot of Documentation needed; look at the theard for 485/EAD filing
In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...

One of my friend is in the same situvation and this is the way we are proceeding !

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felix31

08-08 10:41 PM

Yep.. Cheer up however we can.

note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.


LOL

good one my friend...but even with SKIL how many of us are already sooooooooo frustrated and sick of waiting that we / they may still think twice about enduring the famous I-485 stage nuances (name checks, background checks and all other checks) and with all that in mind still decide to 'hang in' and eventually get GC ..?

Anyways, I'm afraid GC just turned into a great 'Waiting for Godot' situation - but we haven't realized it yet :rolleyes:

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gc_check

08-30 10:09 AM

for gg_ny

this is extension of H1B based of aproved I140 .

if i understood correctly the application for H1 extension will became null and void if i travel outside of US .

this is very interesting. I was not aware about this .

Anyway, thank you for your valuable input

I've also applied for the H1B extension(3yr Extn based on approved I-140) and was told NOT to travel while the case is still pending approval by my company Legal Dept/Attorney. So I requested to do it on premuim processing as there is a business necessity to do so. If there is a business need for you to travel, then your company should be willing to use Premium Processing. It costs $1000 more to the company to request Premuim Processing.

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trexx7

12-24 01:15 PM

I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts

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sri1309

05-11 07:58 PM

Good job, Dude..

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ksairi

08-17 04:47 PM

See all of you in rally !.

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kavita_abb

10-10 10:03 AM

Thank you!

I am not quiting my company but I am moving to India. In that case what will happen ?

Your valuable inputs are greatly appreciated.

Thank you very much!

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yabayaba

11-10 04:15 PM

This is my first time too coming across such a rfe. I really dont know if this kind of rfe was issued before.I called USCIS but as always they are saying send all the docs mentioned in rfe. My attorney is saying we will send them originals and transcripts. Dont know exaclty if they are doing an educational evaluation.Would like to see any attorneys suggestion on how to deal with this.

Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application

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H4_losing_hope

02-13 07:32 PM

Immigration Voice. Make action your choice.
Standing together on legal immigration issues.

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PD_Dec2002

08-12 01:01 PM

Thank you all for your response.

The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.

Questions:

1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
2. If that is the case then in my situation should I safely assume my wife's application was rejected?

Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(

My PD is 11/30/05 EB3

Thanks
Raj

Replies based on my experience.

1. Separate postal mail.

2. Spouse's receipt notices can come days and even weeks apart. Since you have your receipt numbers already, you can call USCIS and get your wife's receipt numbers if her case has been entered into the system as well. Why are you assuming that her application has been rejected... ...there are applicants from early June who still haven't received their receipt notices.

Thanks,
Jayant

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twingy

10-04 03:51 AM

Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?

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zephyrr

03-21 12:35 PM

Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.


I agree that one should probably do it for compelling reasons.


I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!

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amdn123

11-08 11:38 AM

Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!

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thepaew

12-14 09:23 AM

Hi

The most common RFEs are w.r.t.:
1. Ability to Pay
2. Qualifications

I've received RFEs for my picture not conforming to their quality standards. It could also be that a document was missing. Do not stress out. It could be something minor.

Best of Luck

I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!

Thanks!

I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007

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VDaminator

06-05 04:29 PM

Aright here ya go

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learning01

04-12 12:33 PM

As I had already posted in the news article thread (http://immigrationvoice.org/forum/showpost.php?p=8552&postcount=225), this is an exhaustive article with a bold and thought provoking headlines. The article can be accessed here - http://www.newsobserver.com/104/story/427793.html

Many skilled foreigners leaving U.S.
Exodus rooted in backlog for permanent status

Karin Rives, Staff Writer

When the Senate immigration bill fell apart last week, it did more than stymie efforts to deal with illegal immigration.

It derailed efforts to deal with an equally vexing business concern: a backlog in applications for so-called green cards, the coveted cards that are actually pink or white and that offer proof of lawful permanent residency.

Many people now wait six years or longer for the card. There are 526,000 applications pending, according to Immigration Voice, an advocacy group that tracks government data.

Lately, this has prompted an exodus of foreign workers who tired of waiting, to return home or go further afield. With the economies in Asia and elsewhere on the rise, they can easily find work in the native countries or in third nations that are more generous with their visas.

"You have China, Russia, India -- a lot of countries where you can go and make a lot of money. That's the biggest thing that has changed," said Murali Bashyam, a Raleigh immigration lawyer who helps companies sponsor immigrants. "Before, people were willing to wait it out. Now they can do just as well going back home, and they do."

Mike Plueddeman said he lost three employees (one a senior programmer with a doctorate) at Durham-based DynPro in the past two years because they tired of waiting for their green cards.

All three found good jobs in their home countries within a few weeks of leaving Durham, said Plueddeman, the software consultancy's human resource director.

"We are talking about very well-educated and highly skilled people who have been in the labor force a long time," he said. "You hate losing them."

This budding brain drain comes as the first American baby boomers retire and projections show a huge need for such professionals in the years ahead. U.S. universities graduate about 70,000 information technology students annually. Many people say that number won't meet the need for a projected 600,000 additional openings for information systems professionals between 2002 and 2012, and the openings made by retirements.

"We just don't have the pipeline right now," said Joe Freddoso, director of Cisco Systems' Research Triangle Park operations. "We are concerned there's going to be a shortage, and we're already seeing that in some areas."

Cisco has advertised an opening for a data-security specialist in Atlanta for several months, unable to find the right candidate. Freddoso believes the problem will spread unless the government allows more foreign workers to enter the country, and expedites their residency process.

However, not everybody believes in the labor shortage that corporations fret about.

Critics say that proposals to allow more skilled workers into the country would only depress wages and displace American-born workers who have yet to fully recover from the dot-com bust.

"We should only issue work-related visas if we really need them," said Caroline Espinosa, a spokeswoman with NumbersUSA, a Washington, D.C., group pushing for immigration reduction. "There are 2.5 million native born American workers in the math and computer field who are currently out of work. It begs the question whether we truly need foreign workers."

She added that the immigration backlog would be aggravated by raising the cap for temporary and permanent visas, which would make it harder for those who deserve to immigrate to do so.

Waiting since 2003

Sarath Chandrand, 44, a software consultant from India, moved with his wife and two young daughters from Raleigh to Toronto in December because he couldn't live with more uncertainty. He applied for his green card in early 2003 and expects it will take at least two more years to get it.

His former employer continues to sponsor his application for permanent residency, hoping that he will eventually return. But Chandrand doesn't know what the future will hold.

"I miss Raleigh, the weather, the people," he said in a phone interview. "But it's a very difficult decision to make, once you've settled in a country, to move out. You go through a lot of mental strain. Making another move will be difficult."

Canada won him over because its residency process takes only a year and a half and doesn't require sponsorship from an employer.

The competition from Canada also worries Plueddeman, who said several of his employees are also applying for residency in both countries. "They'll go with whoever comes first," he said.

And it's not just India and Canada that beckon. New Zealand and Australia are among nations that actively market themselves to professionals in the United States, with perks such as an easy process to get work visas.

New Zealand, with a population of 4 million, has received more than 1,900 applications from skilled migrants and their families in the past two years, said Don Badman, the Los Angeles marketing director for that country's immigration agency. Of those, about 17 percent were non-Americans working in the United States.

Badman's team has hired a public relations agency to get the word out. They have also run ads in West Coast newspapers and attended trade shows, mainly to attract professionals in health care and information technology.

Dana Hutchison, an operating room nurse from Cedar Mountain south of Asheville, could have joined a hospital in the United States that offers fat sign-on bonuses. Instead, she's in the small town of Tauranga, east of Auckland, working alongside New Zealand nurses and doctors.

"It would be hard for me to work in the U.S. again," she said. Where she is now, "the working conditions are so fabulous. Everybody is friendly and much less stressed. It's like the U.S. was in the 1960s."

Limit of 140,000

Getting a green card was never a quick process. The official limit for employment-based green cards is 140,000 annually.

And there is a bottleneck of technology professionals from India and China. They hold many, if not most, of all temporary work visas, and many try to convert their work visa to permanent residency, and eventually full citizenship. But under current rules, no single nationality can be allotted more than 7 percent of the green cards.

In his February economic report, President Bush outlined proposals to overhaul the system for employment-based green cards:

* Open more slots by exempting spouses and children from the annual limit of 140,000 green cards. Such dependents now make up about half of all green card recipients, because workers sponsored by employers can include their family in the application.

* Replace the current cap with a "flexible market-based cap" that responds to the need that employers have for foreign workers.

* Raise the 7 percent limit for nations such as India that have many highly skilled workers.

After steady lobbying from technology companies, Congress is also paying more attention to the issue. The Senate immigration bill had proposed raising the annual cap for green cards to 290,000.

Kumar Gupta, a 33-year-old software engineer, has been watching the legislative proposals as he weighs his options. After six years in the United States, he is considering returning to India after learning that the green card he applied for in November 2004 could take another four or five years.

Being on a temporary work visa means that he cannot leave his job. Nor does he want to buy a home for his family without knowing he will stay in the country.

"Even if the job market is not as good as here, you can get a very good salary in India," he said. "If I have offers there, I will think of moving."

Let's utilize this write up and start quoting the link in our personal comments / emails to other news anchors, commentators, blogs etc.
I thought this deserves it's own thread. Please comment and act.

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raysaikat

01-19 04:23 PM

My wife's co. provides health insurance for both of us. We are both on H1-B.

If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.

If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.

Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?

In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.

Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.

Read fine prints very carefully.

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gcseeker28

07-28 03:54 PM

So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs

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