alwayson
11-04 12:15 PM
EB2 India - 15-FEB-05
EB3 India - Same
EB3 India - Same
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anilsal
10-11 04:38 PM
either missed BEC by luck (pre-PERM folks) or used substitute labor. They all have GCs.
And there are people like me, still waiting waiting waiting.
It is not fair on people whose labor went into BEC and others filed PERM, got approved faster - have EADs/FP.
Nothing is fair.
And there are people like me, still waiting waiting waiting.
It is not fair on people whose labor went into BEC and others filed PERM, got approved faster - have EADs/FP.
Nothing is fair.
morpheus
04-10 04:11 PM
The majority of the USCIS system is based on regulation, not law. The same goes for DOL. Many lawyers have argued that the entire LC/PERM system was created by administrative fiat i.e. it goes way beyond what is laid out in the law.
Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!
Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!
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ivy55
03-26 05:54 AM
Anyone in Delaware please reply
more...
H1B-GC
05-15 12:28 PM
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
wellwishergc
04-10 09:19 PM
Agreed in principle!!! You guys have done the homework. I am just narrating my wishes:); and the wish-list keeps growing!:); man, cannot wait to just get done with this process.
Good luck and nite!!!
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
Good luck and nite!!!
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
more...
bestin
02-04 05:52 PM
updated.sent 2 letters to iv and bush
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GCard_Dream
01-31 03:39 PM
unfortunately most of us in this forum aren't eligible for visa lottery, just one thing which is really free. How sad. :mad:
FYI: USCIS does not charge for Visa Lottery... It's FREE.
FYI: USCIS does not charge for Visa Lottery... It's FREE.
more...
ssnd03
07-17 10:05 AM
FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
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chakalov
08-01 12:17 PM
Guys give it a couple of days. You'll start getting the receipts soon. Yes they are working on July 2 plus before July 2 mail. In another couple of days all their personnel will be working full time on the hundreds of thousands applications mailed in July. So be patient. It will happen....
more...
hsingh82
06-02 12:25 AM
Voted.
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Pagal
05-18 06:26 PM
Hello Hebbar,
:) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..
The proposal is good, why not try it? What needs to be done?
:) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..
The proposal is good, why not try it? What needs to be done?
more...
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gcSeek08
08-13 01:47 PM
Iam in the similar situation, but my wife came here only last month on H4. My GC was approved yesterday. Now I have all the documents ready for my wife's GC application to be sent to USCIS. My lawyer also told me to immediately mail the application to USCIS since I did not receive my GC on hand yet.
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
My concern is will my wife's application get rejected since my I485 has been approved? Pls help!
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sanbaj
07-31 05:30 PM
Hi sanbaj should the 485 RD become current or the PD should be current is enough to open the case ?
There is no definite answer to this question. USCIS is erratic on that. In my opinion, one's case is opened and process starts as soon as the case is Receipt Noticed. In my case, my PD was current since April, but RD was not. As soon as they reached my RD my app was approved. I think that is the general trend. But, they are not consistent on it. Therefore, no definite answer.
There is no definite answer to this question. USCIS is erratic on that. In my opinion, one's case is opened and process starts as soon as the case is Receipt Noticed. In my case, my PD was current since April, but RD was not. As soon as they reached my RD my app was approved. I think that is the general trend. But, they are not consistent on it. Therefore, no definite answer.
more...
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harsh
04-03 09:20 AM
Done and Dusted!!!!!!!!!!!!!!!!!!!!!!!!!!!
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akred
01-03 10:29 PM
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#Ineligibilities
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
:cool:. That restriction is for immigrants. As a non-immigrant he should be able to bring as many wives as he wants.
(A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible
:cool:. That restriction is for immigrants. As a non-immigrant he should be able to bring as many wives as he wants.
more...
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nag2007
10-11 04:45 PM
This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.
Ya...Atleast, they should allow us to file EAD. In that case my spouse can work. She did not get H1b this year(because of lottery system). She has PHD in CSE and sitting at home.
Ya...Atleast, they should allow us to file EAD. In that case my spouse can work. She did not get H1b this year(because of lottery system). She has PHD in CSE and sitting at home.
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MinOct03
03-24 04:49 PM
I just replied to your another post on State chapters.
we have some activities going on related to meeting lawmakers.
Please send a PM to Paskal for details.
google Group name is iv-mn-mw
we have some activities going on related to meeting lawmakers.
Please send a PM to Paskal for details.
google Group name is iv-mn-mw
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jambapamba
08-10 11:46 AM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
eagerr2i
11-13 01:06 AM
If you are planning on taking action against the attorney for fraud and mis representation, you may want to file a complaint in the bar of the state where your attorney practices. Bar complaints are taken very seriously and if you have proper documentation and are ready for the fight, he could even lose his license and/or penalized by the bar.
kondur_007
06-10 04:17 PM
I 100% agree with you about visa capture...there is no way any of us will get GC without "spill over" from ROW category and that will happen if visa capture happens...
Without the spill over from ROW it will be 20+ yrs (many people have posted the calculations...).
However, The one thing that just does not make any sense (It is also there in Mr. Oppenheim's statement):
They have 120k preadjudicated applications and if they have quota of 140k next fiscal year, are they goint to give GC to those 120k.....??????
Not really, because many of those 120k include people with highly retrogressed PD.
For example: if EB2 ROW is "current" in Jan 2010, and say someone from EB2ROW files 485 (his PD may be in mid 2008), they will have to give him GC first eventhough they may have a "preadjudicated" EB2 India case with PD of 2005. (if it is not current then).
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.
Without the spill over from ROW it will be 20+ yrs (many people have posted the calculations...).
However, The one thing that just does not make any sense (It is also there in Mr. Oppenheim's statement):
They have 120k preadjudicated applications and if they have quota of 140k next fiscal year, are they goint to give GC to those 120k.....??????
Not really, because many of those 120k include people with highly retrogressed PD.
For example: if EB2 ROW is "current" in Jan 2010, and say someone from EB2ROW files 485 (his PD may be in mid 2008), they will have to give him GC first eventhough they may have a "preadjudicated" EB2 India case with PD of 2005. (if it is not current then).
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
And yes. CIR....NO BODY knows the final form in which it will pass and what impact would it have on legal EB immigration....no way to tell. I have no basis to say this but this is just my personal opinion: For all of us on this forum going through immigration process; our best bet is to get something before CIR actually passes and comes in to the play....I do not have good feeling about CIR.