RDB
08-03 07:13 PM
I don't think there is any way of knowing if your case is pre-adjudicated. The only way you will come to know is if you receive an RFE or an interview appointment.
Hi Friends, any comments on this ?
Hi Friends, any comments on this ?
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k_usa
08-11 10:50 AM
Thanks nrk. I am keeping my fingers crossed. I was current for two months in 2008 but did not get. So hoping for the best this time but again I would not be surprised if I don't get it, especially looking at USCIS/DOS works.
Hi Sailesh, congrats...Don't worry this time you will get it. Now USCIS is far better compared to where they are in 2008.
I felt bad in 2008 as i could n't get it after filing the application on July 2nd also...
Hi Sailesh, congrats...Don't worry this time you will get it. Now USCIS is far better compared to where they are in 2008.
I felt bad in 2008 as i could n't get it after filing the application on July 2nd also...
Macaca
08-14 08:25 PM
By March 2007, and using that same calculation, USCIS had a backlog of 1,275,795. (page 11)
In last year’s annual report (at pp. 6-11), the Ombudsman analyzed USCIS’ redefinition of its backlog. That analysis is not repeated here, as the backlog redefinition is unchanged. The current definition continues to consider “backlogged” only the cases pending after subtracting those cases not yet ripe for adjudication, “where even if the application or petition were approved today, a benefit could not be conferred for months or years to come.
[Unripe cases are] excluded from the number of cases in the backlog but remain in the pending.”
Pending Cases Not Included in "Backlog" is 1,316,740 (Fig 1, 2nd column, page 14)
Total Pending = Backlogged + Unripe = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
So as per USCIS a total of 600,000 applications were pending until June. We can add another 600,000 for july-aug... total now 1.2 Million
Firstly, it is not possible that pending = backlogged + unripe = 600K because there were 2.5M+ pending cases (as explained above) in March 2007. Thus, 600K should be pending EB cases or total backlogged cases.
Secondly, it is unlikely (although possible) that there are 600K pending EB cases because this means that there are 2M family cases.
Thirdly, it is not possible to have 600K total backlogged (= EB + Family + ...) as explained in previous post. Thus, assume 400K (out of 1.3M+) unripe EB cases also. So EB total becomes 1.6M.
Fourthly, consider cases stuck in labor after Aug 17 2007.
In last year’s annual report (at pp. 6-11), the Ombudsman analyzed USCIS’ redefinition of its backlog. That analysis is not repeated here, as the backlog redefinition is unchanged. The current definition continues to consider “backlogged” only the cases pending after subtracting those cases not yet ripe for adjudication, “where even if the application or petition were approved today, a benefit could not be conferred for months or years to come.
[Unripe cases are] excluded from the number of cases in the backlog but remain in the pending.”
Pending Cases Not Included in "Backlog" is 1,316,740 (Fig 1, 2nd column, page 14)
Total Pending = Backlogged + Unripe = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
So as per USCIS a total of 600,000 applications were pending until June. We can add another 600,000 for july-aug... total now 1.2 Million
Firstly, it is not possible that pending = backlogged + unripe = 600K because there were 2.5M+ pending cases (as explained above) in March 2007. Thus, 600K should be pending EB cases or total backlogged cases.
Secondly, it is unlikely (although possible) that there are 600K pending EB cases because this means that there are 2M family cases.
Thirdly, it is not possible to have 600K total backlogged (= EB + Family + ...) as explained in previous post. Thus, assume 400K (out of 1.3M+) unripe EB cases also. So EB total becomes 1.6M.
Fourthly, consider cases stuck in labor after Aug 17 2007.
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valuablehurdle
09-05 04:19 PM
Hello Everyone,
I am back again. This forum is outstanding when it comes to reliable information....
I work for a reputed US Consulting firm. They under-pay you and make you over work. They market fake resumes in a polished way. YES... IT is TRUE. Don't just blame the desi consultants.
I am on a EAD. I wanted to switch to hourly basis and wanted to see if there are any direct vendors who would be ready to pay better rates. Desi Consulting Co. is out of question. From my experience, Robert Half is bad too. Is there a better way to market yourself..to the employer?
Any help will be appreciated. !!
I am back again. This forum is outstanding when it comes to reliable information....
I work for a reputed US Consulting firm. They under-pay you and make you over work. They market fake resumes in a polished way. YES... IT is TRUE. Don't just blame the desi consultants.
I am on a EAD. I wanted to switch to hourly basis and wanted to see if there are any direct vendors who would be ready to pay better rates. Desi Consulting Co. is out of question. From my experience, Robert Half is bad too. Is there a better way to market yourself..to the employer?
Any help will be appreciated. !!
more...
sapota
08-21 11:52 PM
For EB3 India Apr 04 PD, 3 more years seems about right.
OLDMONK
07-19 11:44 AM
PD -Jan 06, EB2
I-140 Approved
I-485 - Filed on July 2, NSC Received by R.Mitchell @ 9.01 a.m.
Checks not cashed until today (07/19/07 10:00 a.m.)
I-140 Approved
I-485 - Filed on July 2, NSC Received by R.Mitchell @ 9.01 a.m.
Checks not cashed until today (07/19/07 10:00 a.m.)
more...
immigrationmatters30
09-23 12:46 PM
Yes it is at 1PM EST. Do you guys know if they are done with the horse bill? If they are done then it should just say 5882 and nurse bill. But schedule shows that they wil continue to work on horse bill as well...
http://judiciary.house.gov/hearings/calendar.html
The calendar says 1:00 PM EST.
http://judiciary.house.gov/hearings/calendar.html
The calendar says 1:00 PM EST.
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aristotle
02-07 12:20 PM
It all depends on the job requirements. MS+0 or BS+5 is considered as EB2. May be you can get a written statement from another well known attorney to help convince yours. Or you can try to use a different attorney if your employer permits.
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
more...
sands_14
07-17 09:32 AM
Can somebody clarify?
To lead India to a good present & future,why do we send these faxes?
GC or no GC, I feel the video tells me to do the best for my nation India.
To do that,do I need immigration to US????
I am not against any camapaigns,but using the videos for this campaign doesnt look like a good idea.May I know whats the point of "Lead India " videos here :-)
This should actually make me feel "No,I dont want to apply for immigration to another country anymore".
No offence, please clarify if the intentions of putting the videos here are different???
To lead India to a good present & future,why do we send these faxes?
GC or no GC, I feel the video tells me to do the best for my nation India.
To do that,do I need immigration to US????
I am not against any camapaigns,but using the videos for this campaign doesnt look like a good idea.May I know whats the point of "Lead India " videos here :-)
This should actually make me feel "No,I dont want to apply for immigration to another country anymore".
No offence, please clarify if the intentions of putting the videos here are different???
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PDOCT05
07-19 10:18 AM
EB3/PD OCT 2005 delivered on July 3rd 9:03AM.
more...
go_guy123
07-02 01:36 PM
Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
Letter writing will be useless. USCIS wont give without a fight. You have to see from their point of view. This open a can of worms for them. They will never yield unless forced by court.
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
Letter writing will be useless. USCIS wont give without a fight. You have to see from their point of view. This open a can of worms for them. They will never yield unless forced by court.
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jsb
03-17 03:06 PM
Have you talked to lawyers with arguments you have mentioned here? Do you think there is a strong legal ground for success? For all five "questions" you have asked, there is legal backing. Law sees legal grounds, not sentiments, which seem to be the prime content of what you have stated.
more...
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gc__aspirant
01-21 01:18 AM
I just registered myself to immigrationvoice.com website and contributed $50. And i'll contribute later, if required.
Great job guys. I may not be able to volunteer, Sorry !!!
I really appreciate volunteer's efforts who are spending their personal time and money for the common cause. I hope something positive should come out of it.
Goog luck to all of us !!!
Great job guys. I may not be able to volunteer, Sorry !!!
I really appreciate volunteer's efforts who are spending their personal time and money for the common cause. I hope something positive should come out of it.
Goog luck to all of us !!!
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foobar2001
12-31 06:49 AM
AmitKhare77... apparently, the job title and job responsibilities have to be same as whats on labor until we get GC. otherwise no promotion.
Actually, I believe that if the promotion is a "natural progression of the job ladder", you can accept it. What you cannot do is change the job ladder completely to a different track.
Thus, say you filed labor when a software engineer, its ok to be promoted to "Senior Software Engineer. What is not ok is to change tracks to say "Product Manager" or a position as "Sales lead" etc...
Of course, i'm not a lawyer, but this is what i;ve been told by other folks and lawyers at my company.
Good luck!
Actually, I believe that if the promotion is a "natural progression of the job ladder", you can accept it. What you cannot do is change the job ladder completely to a different track.
Thus, say you filed labor when a software engineer, its ok to be promoted to "Senior Software Engineer. What is not ok is to change tracks to say "Product Manager" or a position as "Sales lead" etc...
Of course, i'm not a lawyer, but this is what i;ve been told by other folks and lawyers at my company.
Good luck!
more...
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gc28262
02-15 07:01 PM
Folks,
I've been hearing a lot of banter about the L1 Vs H1-B the fact remains both these categories are badly abused, it doesnt matter who is the bigger evil. I would tend to agree that L1 has a worse abuse rate however.
.................................................. ....................................
.................................................. .......................................
.................................................. ........................................
When the H1-B was conceived it was supposed to pave its way really skilled engineers with excellent credentials and it is not the case anymore, 1)if you are going to tell me things like QA and Data Warehousing need mind boggling skills I think I can just have a good laugh at it. The local citizens are very much capable of executing on them. These jobs account for a huge majority of the software based jobs in the US, yes this is not the only category for H1-B jobs but software accounts for a big chunk.
..........................................
2) Consultants bringing in people from wherever charging them a huge sum of money filing for their H1-B and then looking out for a job for them, the only skill here is the consultants skill in finding the person a job :-).
.........................................
3) I do not agree with the notion of good consultants, every consultant abuses the employment based Visa system,
4) and I am for a cap on L1-B visa's or a limit thats decided by the number of employees a firm employs in the US.
.................................................. ..............................................
.................................................. .............................................
1. If you are in IT field, you don't even have a grasp of software development lifecycle and the part QA plays in it. A good QA cycle is essential for a good quality product. It is your ignorance about software development cycle that makes you say good QA guys are not an asset for a good product and they are not smart as developers.
A tenth grader with enough common sense can do good software development. India produces lot of people with good common sense and analytical thinking. That is one of the reasons for India's software boom.
IMO if you don't have a patent in your name, you are not high skilled enough.
2. How many consulting companies do you know do charge their candidates for filing H1 ? I haven't come accross any. It is illegal to do that. If someone is doing that, ICE is after them.
3. All I can say is you are as ignorant as some of the anti-immigrants in this country. You haven't seen the real world.Come out of your little world and look around to see the real world.
4. Yes, you are for whatever suits you. What about getting yourself a preferential treatment for H1B visa and GC ? Sounds good ?
BTW I am curious why you are referring to "consulting companies" as consultants. "consultant" and "consulting companies" mean different things.
I've been hearing a lot of banter about the L1 Vs H1-B the fact remains both these categories are badly abused, it doesnt matter who is the bigger evil. I would tend to agree that L1 has a worse abuse rate however.
.................................................. ....................................
.................................................. .......................................
.................................................. ........................................
When the H1-B was conceived it was supposed to pave its way really skilled engineers with excellent credentials and it is not the case anymore, 1)if you are going to tell me things like QA and Data Warehousing need mind boggling skills I think I can just have a good laugh at it. The local citizens are very much capable of executing on them. These jobs account for a huge majority of the software based jobs in the US, yes this is not the only category for H1-B jobs but software accounts for a big chunk.
..........................................
2) Consultants bringing in people from wherever charging them a huge sum of money filing for their H1-B and then looking out for a job for them, the only skill here is the consultants skill in finding the person a job :-).
.........................................
3) I do not agree with the notion of good consultants, every consultant abuses the employment based Visa system,
4) and I am for a cap on L1-B visa's or a limit thats decided by the number of employees a firm employs in the US.
.................................................. ..............................................
.................................................. .............................................
1. If you are in IT field, you don't even have a grasp of software development lifecycle and the part QA plays in it. A good QA cycle is essential for a good quality product. It is your ignorance about software development cycle that makes you say good QA guys are not an asset for a good product and they are not smart as developers.
A tenth grader with enough common sense can do good software development. India produces lot of people with good common sense and analytical thinking. That is one of the reasons for India's software boom.
IMO if you don't have a patent in your name, you are not high skilled enough.
2. How many consulting companies do you know do charge their candidates for filing H1 ? I haven't come accross any. It is illegal to do that. If someone is doing that, ICE is after them.
3. All I can say is you are as ignorant as some of the anti-immigrants in this country. You haven't seen the real world.Come out of your little world and look around to see the real world.
4. Yes, you are for whatever suits you. What about getting yourself a preferential treatment for H1B visa and GC ? Sounds good ?
BTW I am curious why you are referring to "consulting companies" as consultants. "consultant" and "consulting companies" mean different things.
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zen
04-01 04:47 PM
as of now, there is nothing ..it is just donate, donate and donate.
we don't even know why we are having new donation campaigns every month ... my favorite color is red ..so start giving me red's for being frank and speaking out the truth
we don't even know why we are having new donation campaigns every month ... my favorite color is red ..so start giving me red's for being frank and speaking out the truth
more...
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kondur_007
02-22 08:29 PM
Hi All,
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Follow the advise of your lawyer.
Following is my take on this (I am not a lawyer):
- I dont think you need to have "continuous employment". (I am assuming that you were not any employement visa (H1) during the "bench period"
- You already have EVL letter that states that "a permanent job -same or similar- is ready for you once you get your GC"--that is your AC21
- Your 485 was filed way before "bench period".
- During the bench period if you were only with "pending 485 authorized period of stay" (ie. not on H visa), you were not "required" to maintain employment any way. (If you were on any employment visa, you are out of status during that period).
So my advise: Just submit all the documents related to your employment history. Do not lie or falsify any information. You will be just fine.
Again, this is just my opinion. Follow the lawyer's advise.
Good Luck.
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Follow the advise of your lawyer.
Following is my take on this (I am not a lawyer):
- I dont think you need to have "continuous employment". (I am assuming that you were not any employement visa (H1) during the "bench period"
- You already have EVL letter that states that "a permanent job -same or similar- is ready for you once you get your GC"--that is your AC21
- Your 485 was filed way before "bench period".
- During the bench period if you were only with "pending 485 authorized period of stay" (ie. not on H visa), you were not "required" to maintain employment any way. (If you were on any employment visa, you are out of status during that period).
So my advise: Just submit all the documents related to your employment history. Do not lie or falsify any information. You will be just fine.
Again, this is just my opinion. Follow the lawyer's advise.
Good Luck.
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kaisersose
05-07 12:22 PM
I am reading a lot of information posted on this form thanks a lot to every one.
But I am still not clear if I can apply in EB2 (PERM) as the job requirement says
Minimum of 5 years programming experience
But is really important to SAY THAT�S MASTERS DEGREE PREFERRED,
Because I have Masters in computer science but the job requirement does not need it.
To apply in EB2? Or just BS+5 years of experience is good enough
Form information posted I deduce that BS= 2years of experience
I have 5 years of experience so total of 7 years (SVP of 8) as per
http://online.onetcenter.org/help/online/svp.
Guru�s Please Advise!!
P.S : I was in EB2 before had to walk away from it as I had change jobs, Perm approved, I 140 in process and I-485 not filed
This is really a question for your attorney.
General basic EB2 requirement is MS + n years of experience where n >= 0. BS + n + 5 years of experience is also acceptable.
But I am still not clear if I can apply in EB2 (PERM) as the job requirement says
Minimum of 5 years programming experience
But is really important to SAY THAT�S MASTERS DEGREE PREFERRED,
Because I have Masters in computer science but the job requirement does not need it.
To apply in EB2? Or just BS+5 years of experience is good enough
Form information posted I deduce that BS= 2years of experience
I have 5 years of experience so total of 7 years (SVP of 8) as per
http://online.onetcenter.org/help/online/svp.
Guru�s Please Advise!!
P.S : I was in EB2 before had to walk away from it as I had change jobs, Perm approved, I 140 in process and I-485 not filed
This is really a question for your attorney.
General basic EB2 requirement is MS + n years of experience where n >= 0. BS + n + 5 years of experience is also acceptable.
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lazycis
07-02 03:19 PM
If this is true, it is really scary for people who are solely on EAD and no longer hold H1 status.
It's true, here is the link:
http://www.nafsa.org/_/Document/_/uscis_consolidated_guidance.pdf
read example on page 10.
It's true, here is the link:
http://www.nafsa.org/_/Document/_/uscis_consolidated_guidance.pdf
read example on page 10.
ganguteli
07-02 12:30 PM
Should we write letters individually stating how this law has been unfair to us personally? I do not think DOJ will respond to each of us individually. This has to be a mass campaign under one umbrella to be effective. I understand that the leaders in IV are pursuing this with congress currently so probably cannot participate in this campaign? What other ways do we have? Could this be an online campaign?
On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.
Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.
Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
kumarc123
05-29 11:32 AM
This whole spelling bee thing is the stupidest thing I have ever heard of. By any standards, it is pure and simple torture to subject the kids to memorizing thousands of words and their stupid spellings. And what use is that? Have they never heard of something called SPELL-CHECK in Microsoft Word and other email services ?
Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.
Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.
85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.
What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.
The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.
I tend to disagrees with your comments, firstly please dont call this a stupid event, as a lot of young students strive to win this competition. In order to lead you have to follow, I have come across some smart ass Indians who love to talk and give directions, but they miss whole chunk of substance in their directions. (I don't mean to target you or disrespect any one else up here).
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.
Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.
85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.
What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.
The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.
I tend to disagrees with your comments, firstly please dont call this a stupid event, as a lot of young students strive to win this competition. In order to lead you have to follow, I have come across some smart ass Indians who love to talk and give directions, but they miss whole chunk of substance in their directions. (I don't mean to target you or disrespect any one else up here).
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
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