Sunday, June 12, 2011

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  • simmy78
    08-10 02:31 PM
    A friend who works in a consulting company was told by his lawyers. I really dont know if this info is true or not, which is why I posted the thread.





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  • GCwaitforever
    06-19 05:37 PM
    What?!

    Translation: What is happening to young people nowadays?





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  • sravani
    05-22 04:57 PM
    New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

    If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

    Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

    So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...

    Sree

    What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.

    They also banned the labor substitution premium processing over night without any notice. :rolleyes:

    Now with this new bill drama we can't predict anything.





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  • sunny1000
    06-26 12:05 AM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance

    After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.

    you can also call the USCIS CS number to see if they can help you.

    Wish you luck.



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  • anilsal
    08-15 12:11 PM
    USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

    Many July 2nd filers have had their checks cashed (as per ). Have you verified that your application reached on June 11 via fedex?





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  • eb3retro
    04-11 09:05 PM
    always efiled, never went for finger printing..follow my previous posts for more updates.



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  • waitin_toolong
    11-08 12:05 PM
    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!!

    sorry you missed the deadline, if the packet has been delivered attend the interview or get in touch with the consulate





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  • leoindiano
    07-11 11:50 AM
    open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.

    I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.



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  • webr
    01-24 04:29 PM
    In 2010 - around 20K visa is issued in EB2 and around 3K in EB3...

    Does anyone know the exact demands for each year from 2005 ,2006,2007,2008, 2009 ,2010,2011 -- then it will give clear picture .





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  • lost_in_migration
    05-14 08:52 PM
    This is a EB3 - General Poll across all countries



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  • jc2002
    09-25 10:13 AM
    We both have received EAD.

    But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?

    Thanks.





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  • dixie
    11-06 04:43 PM
    It doesnt matter whether the clients of the employer are for-profit or not (obviously). The only thing relevant is whether or not the organization for which your wife will work is classified as not-for-profit.

    My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.

    I was wondering if I could use the Heallth care angle for the H1b Non Cap



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  • gcformeornot
    04-12 06:40 AM
    Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

    Also what should I fill in the
    "Please provide information concerning your eligibility status"

    Please suggest.

    I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...





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  • singhsa3
    11-15 09:15 AM
    Voting is not enough please post your suggestion also.



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  • Refugee_New
    07-30 11:13 AM
    I think it is time for quick action :):)
    I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)

    At least you have a good problem , rather than rotting in various queues for a decade.

    Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????





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  • garfield
    10-07 03:38 PM
    Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?



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  • pkv
    04-13 11:34 AM
    This is correct. Only your attorney will get the RFE.

    I got Medical RFE, it was sent to me as well as to my attorney. In fact I got it a week earlier than attorney got.





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  • deecha
    07-26 09:21 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

    If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.





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  • anu_t
    06-16 01:11 AM
    http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428


    GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES





    WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.



    The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.



    Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.



    "From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."



    "We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."



    At this time, Grassley and Durbin will not be releasing the information received from the companies.



    Here is a copy of the letter to Gonzalez.



    June 13, 2007



    The Honorable Emilio T. Gonzalez

    Director

    U.S. Citizenship and Immigration Services

    20 Massachusetts Avenue, NW

    Washington, DC 20529



    Dear Director Gonzalez:



    Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.



    Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.



    The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.



    We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.



    In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.



    Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.



    Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.



    H-1B Dependent Employers

    $ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

    $ How many companies are defined by USCIS to be AH-1B dependent@ employers?

    $ How are these H-1B dependent employers being monitored, if at all, by USCIS?



    Blanket L Visa Petitions

    $ How many L visas have been approved each year since 2000?

    $ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

    $ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

    $ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

    $ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.



    Investigations of Fraud and Abuse

    $ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

    $ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

    $ How does USCIS plan to spend the remaining funds left in FY2007?

    $ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

    $ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.



    While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.



    Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.



    Sincerely,







    Charles E. Grassley Richard J. Durbin

    United States Senator United States Senator





    shaikhshehzadali
    07-11 11:35 AM
    No big deal man...mine was approved in 2 days from NSC..;)





    ups
    07-12 09:27 AM
    yes you can. I my self did that. Only difference is that we both are on h1b(industry)



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