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  • stuckinmuck
    06-15 04:14 PM
    06/15/2007: BEC Backlog Elimination and PERM Processing Status as of Today

    DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.

    On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.

    Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.

    In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.

    With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.

    As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.





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  • EndlessWait
    01-15 07:51 AM
    Why is VSC processing so slow..anybody in the same shoes waiting for processing from Vermont. There was a time a normal H1 processing was done in 2 months. Now I've heard it is taking upto 8 months...oh god!





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  • paitel
    08-14 08:21 PM
    My wife completed her BS while on H4.
    In Florida person on H4 is regarded as US resident for tuition purposes so, if you attend state university, you will pay (much) lower tuition. I don't know if this applies to other states.





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  • drona
    07-11 02:49 PM
    Let's discuss ways to communicate with the Governor and to make him aware of our situation. I am going to do some research on his views on immigration but I think it might be good.

    As Schwarzenegger has said multiple times:

    "I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."

    �Polls Push Governor to the Border�, LA Times, April 30, 2005
    http://www.vdare.com/guzzardi/050503_schwarzenegger.htm



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  • pmlboy
    05-01 04:57 PM
    Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?

    Thanks.





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  • lost_in_gc_land
    02-02 03:39 AM
    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D

    Hello,
    I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry



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  • ras
    06-06 02:29 PM
    Are there any specific links for complaining to these agencies?





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  • krajani2007
    08-15 11:25 AM
    I work for company A. I found a project for myself with X through another company B. (The end client is X and the middleman is B. My company A has contract with company B NOT WITH company X (end client)

    I have an offer from end client X and my company is in the process of suing me in Virginia as I have a non-compete agreement not to work for client/end client or client's end client.

    Has anyone come across such situation. Please help me.

    I work on hourly rates and don't get paid if I am on bench. Can this be used nullify the contract as this is not legal on H1.



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  • haeveingridseyn
    09-09 07:56 AM
    Hi Everyone..

    Thanks for providing this information . I am also searching this type of topic.
    Its really helpful to forum members and solve many problem.
    Keep it up.





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  • h1bnogc
    08-29 09:12 AM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.

    Immigstories:
    Could you please share your experience at POE? many many thanks



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  • x1050us
    06-25 09:50 PM
    you dont require to file I 539 since she is out of the country ,so currently she has no status .
    I understand that. But does it have any negative impact ?





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  • txh1b
    09-14 03:43 PM
    Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.

    Good Luck!



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  • hoolahoous
    03-11 07:07 PM
    please do report the outcome.





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  • GCOP
    11-08 07:38 PM
    There were many 245i applicants who filed under EB-3 category than EB-2 category. So EB-2 is less affected due to less 245i applicants and most of the problem is experienced in EB-3 categories.
    We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
    I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.



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  • ash0210
    11-09 12:36 PM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

    Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)

    Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?

    I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!

    Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!





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  • genscn
    10-30 09:23 AM
    EAD has nothing to do with finger printing. People are getting EAD cards even before they go to their scheduled finger printing appointments. You will get your card 10-12 days after finger printing notice.

    My wife's finger printing fee was rejected last month, even though we submitted the right fee.
    We still submitted the fee again. In the mean while, we got our finger printing notices.

    Do u know when we would get our EADs ? Is anyone in a similar situation ?

    Thanks



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  • javadeveloper
    02-23 10:59 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    1.You need to be on h1(your wife&kid needs to be on H4)
    2.My suggestion:use EAD if you need to use but don't send your wife to India.Use your savings for your Insurance & living(in the worst case).
    3.Also keep in mind that you have to spend about $2000 to send her to india and bring back to US with which you can buy 3 months of insurance.





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  • googlegc
    04-07 09:58 AM
    1. YES
    2. NO
    3. YES
    4. NO


    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks





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  • lazycis
    12-05 01:04 PM
    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.





    imneedy
    03-24 04:00 PM
    Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category.

    Can you ask her to do inter-filing for I-485? I thought lawyer just need to send a letter to link new I-140 to your existing I-485 application.





    HumHongeKamiyab
    03-16 12:05 PM
    Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?



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