onemorecame
07-13 02:01 PM
i'm just putting my opinion in my way. that's what this forum is for. atleast not talking BS, just staying on the main topic.
btw u answered for ur urself, i'll just repeat with a change "why are you replying to this!" go see a doctor, is my advise.
Sir with High Regard,
My request is that if you are starting something like personal discussion then
Please don't put message which look like something is confirmed like your topic �Secret news! Per country limit would be removed�.
this sense like something confirmed and people will come and read.
don't feel bad if people are pointing you for something good for everybody.
Thanks with high regard again :)
btw u answered for ur urself, i'll just repeat with a change "why are you replying to this!" go see a doctor, is my advise.
Sir with High Regard,
My request is that if you are starting something like personal discussion then
Please don't put message which look like something is confirmed like your topic �Secret news! Per country limit would be removed�.
this sense like something confirmed and people will come and read.
don't feel bad if people are pointing you for something good for everybody.
Thanks with high regard again :)
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Munna Bhai
06-10 03:20 PM
I know this topic has been discussed in other threads as well and those threads got buried over the Period of time but this is getting beyond limit now - let me know if anyone has any good idea or if we can do anything together......
My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.
a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.
b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.
c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.
d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.
Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?
My PD is EB3 Nov 2004 and my 140 is applied in EB3 1st May 2007 and still now no updates..just waiting..waiting waiting..
My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.
a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.
b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.
c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.
d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.
Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?
My PD is EB3 Nov 2004 and my 140 is applied in EB3 1st May 2007 and still now no updates..just waiting..waiting waiting..
zCool
01-10 08:58 PM
labor sub is not neccessarily always bad.
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
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omved
11-12 11:33 PM
Nice search
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Steve Mitchell
April 2nd, 2004, 06:19 PM
Hi Mike. Please don't mistake the spirit of this post. By no means is it a "wish" for Nikon or Canon, or any manufacturer to be "on the ropes". The very simple fact is the D2h does not compare to the Mark II. That is from a shooters perspective. Not only my personal experience, but of other long time Nikon shooters I know who are switching. I also know from personal experience of a major wire service bureau who is not happy with the D2h quality as is switching to Canon. My observations are based on my working experience, and that of other working PJ's that I interact with on a regular basis. I truly hope Nikon's next camera and their cameras after that are killer. That would be best for all.
With 80% of the total professional market I guess not too badly. I believe the D2H is a much newer system than the 1d mk2 and of course it will be almost half the price streetwise, so a lot of part time pros will want to consider this body seriously. I seem to rember the 1D did not do well against the D1H, also with half the res, until the 1d started to match the Nikon price. I guess the same thing will happen, only the D2H does have a killer system this time round. Someone mentioned file tranfers to editors and publishing house and mobile connectivity,I think that's where something like the D2H will probably score. Canon are big timers, they will stay the course, at least for now. I don't think hoping for Nikon to be on the ropes will be particularly useful though.
regards
Mike
With 80% of the total professional market I guess not too badly. I believe the D2H is a much newer system than the 1d mk2 and of course it will be almost half the price streetwise, so a lot of part time pros will want to consider this body seriously. I seem to rember the 1D did not do well against the D1H, also with half the res, until the 1d started to match the Nikon price. I guess the same thing will happen, only the D2H does have a killer system this time round. Someone mentioned file tranfers to editors and publishing house and mobile connectivity,I think that's where something like the D2H will probably score. Canon are big timers, they will stay the course, at least for now. I don't think hoping for Nikon to be on the ropes will be particularly useful though.
regards
Mike
vjkypally
03-26 12:39 AM
can you please let me know what RFE was about, PM me if you dont want it to be public.Its more than 7 months for me too.Applied : Jul 7, 2007
RD: Jul 13, 2007
RFE: Mar 6, 2008
Yet to reply to RFE..
RD: Jul 13, 2007
RFE: Mar 6, 2008
Yet to reply to RFE..
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ImmiUser
07-12 11:40 PM
I guess same might be true for me also
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damialok
06-13 07:02 PM
As long as you show that your job is atleast 50% different from the previous within the same company, you can use the experience from the current employer. You dont need to be promoted or move to business development.
You can use the 5 years exp from current employer. But the new position itself should require 5 years exp to qualify for EB2. File your PERM then when you file you 140, include your previous approved EB3 140 with the older PD and ask to port the PD. Then when USCIS will approve your 140, it should have the correct EB2 cat and older PD(from EB3 app).
Thats all. I was able to recapture my PD but I had a Master's degree. The only issue was that I graduated AFTER I joined my long time employer. So in the old RIR world you could not use that but PERM relaxed/cleared up the 'graduation' issue and we filed for a new EB2 application. In your case you will use your 5 years exp to qualify for EB2 rather than Masters.
The process is tedious but rewarding at the end. Hopefully your corporate lawyers will help you in this. A lot depends on your company and your supervisor, they need to be motivated.
You can use the 5 years exp from current employer. But the new position itself should require 5 years exp to qualify for EB2. File your PERM then when you file you 140, include your previous approved EB3 140 with the older PD and ask to port the PD. Then when USCIS will approve your 140, it should have the correct EB2 cat and older PD(from EB3 app).
Thats all. I was able to recapture my PD but I had a Master's degree. The only issue was that I graduated AFTER I joined my long time employer. So in the old RIR world you could not use that but PERM relaxed/cleared up the 'graduation' issue and we filed for a new EB2 application. In your case you will use your 5 years exp to qualify for EB2 rather than Masters.
The process is tedious but rewarding at the end. Hopefully your corporate lawyers will help you in this. A lot depends on your company and your supervisor, they need to be motivated.
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shreekarthik
06-22 10:04 PM
While having Vayalar Ravi talk to US Govt. on social security taxes is a good idea having him talk about retrogression is a very bad idea.
Permanent residency and retrogression are internal affairs of US of A. USA and USA alone will determine who gets their PR and citizenship. Any foreign official touching that subject will be seen as infringing on this nation's sovereignity.
During the 60s USA wanted lot of doctors and imported them from India. Later on they started producing their own doctors and we know how difficult it is for an Indian doctor to emigrate now. I suspect computer programmers are the next. The current focus is on importing nurses and when they have enough nurses they will have the same problem..... Isn't life very fair ?
Permanent residency and retrogression are internal affairs of US of A. USA and USA alone will determine who gets their PR and citizenship. Any foreign official touching that subject will be seen as infringing on this nation's sovereignity.
During the 60s USA wanted lot of doctors and imported them from India. Later on they started producing their own doctors and we know how difficult it is for an Indian doctor to emigrate now. I suspect computer programmers are the next. The current focus is on importing nurses and when they have enough nurses they will have the same problem..... Isn't life very fair ?
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laksmi
02-17 01:25 PM
If one applied 485 on july/ aug 2007 when he is single and now planning to get married he can always support his spouse to bring her to usa if the person is still working for same H1B employer who have filed his 485 application with out transferring his H1B, he should be on H1B and 489 should be AOS.
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singhsa3
10-05 04:02 PM
So what you are saying is that INS and IRS systems are connected?
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
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Blog Feeds
01-18 05:10 AM
My friend Cyrus Mehta reports on a disturbing incident that occurred last week at Newark's international airport. Apparently CBP officers got hold of the new Neufeld memorandum on H-1B workers at third party work sites and decided to start applying it on their own. Aside from being contrary to established procedures for revoking visas, CBP officers made inappropriate comments and issued threats that cry out for some form of disciplinary action by DHS: It is then no surprise that the outrageous singling out of Indians since the New Year waiting in the line at Newark and other airports by CBP...
More... (http://blogs.ilw.com/gregsiskind/2010/01/cbp-officers-targeting-indian-h1b-entrants.html)
More... (http://blogs.ilw.com/gregsiskind/2010/01/cbp-officers-targeting-indian-h1b-entrants.html)
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Macaca
01-25 06:12 PM
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt).
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
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rimzhim
02-05 04:11 PM
I got this Reply from Zoe Lofgren, offcourse this reply was in December 2006 when Republicans were controlling the Congress.
Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.
I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.
What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.
As you know, the Republicans now lead in the House of Representatives, Senate and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should the Senate Judiciary Committee's H1-B proposal come before me in the House of Representatives, I will certainly consider your point of view.
Again, thank you for contacting me. Please do not hesitate to contact me again if I can be of further assistance to you or your family.
Sincerely
Zoe Lofgren
Member of Congress
this person now heads some immigration committees and is now VERY influential. Plus her response is non-standard, and we should try to familiarize her with our "GC backlog" needs.
Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.
I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.
What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.
As you know, the Republicans now lead in the House of Representatives, Senate and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should the Senate Judiciary Committee's H1-B proposal come before me in the House of Representatives, I will certainly consider your point of view.
Again, thank you for contacting me. Please do not hesitate to contact me again if I can be of further assistance to you or your family.
Sincerely
Zoe Lofgren
Member of Congress
this person now heads some immigration committees and is now VERY influential. Plus her response is non-standard, and we should try to familiarize her with our "GC backlog" needs.
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vin13
05-13 10:35 AM
I would go with the prediction in the Jan 2010 Visa Bulletin:
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
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calgirl
09-11 02:41 PM
Why don't you contact some senator! You have been current for so long ..
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
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needhelp!
02-11 05:15 PM
When will Jan 2007 become current?
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Dhundhun
04-02 09:22 PM
So for PD used to retrogress, after going though document other things also have retrogressed, e.g.:
-- Name check
-- Multi year EAD
Thanks HV000. It gave realistic status.
-- Name check
-- Multi year EAD
Thanks HV000. It gave realistic status.
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go_guy123
12-14 01:52 PM
yes job market in canada is not good. Alberta (but ist very cold though) is doing better because of the oil sector (oil prices very high)
Some use the 3 years stay neeed (for citizenship application ) to do some
mba etc there that uses up the 2 years. and hang on there for a year
and with canadian citizenship work in us on TN1 visa.
otherwise canada is not that great....but is US great on H1B and married with chidlren ? Basically u have to decide between stay in India or Canada taken citizenship for ur family and then move to us.
Some use the 3 years stay neeed (for citizenship application ) to do some
mba etc there that uses up the 2 years. and hang on there for a year
and with canadian citizenship work in us on TN1 visa.
otherwise canada is not that great....but is US great on H1B and married with chidlren ? Basically u have to decide between stay in India or Canada taken citizenship for ur family and then move to us.
Sushiden
September 17th, 2004, 07:44 PM
All EF work!
caydee
03-07 06:00 PM
I have similar situation - I applied for 140 in July 2006. My daughter will turn 21 in July 2007. As I have applied for 140 before she turns 21, she is safe for GC, but will loose H4 status when she turns 21. As per my lawyer's advice I have applied for her F1 so that she can stay and continue her studies in US. When I become eligible to apply for 485, she can be included in the application - but, not as a dependent of H1B holder.
Can you apply for AOS for your daughter with your 485 application after she moves from H4 to F1?
Can you apply for AOS for your daughter with your 485 application after she moves from H4 to F1?
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