ivar
01-21 03:57 PM
What an irony, these guys will not let us file nor to withdraw, :mad:
gcdreamer05,
Thanks your comment made me smile. :) I wish there were processing dates for PERM withdrawals and PERM appeals.
gcdreamer05,
Thanks your comment made me smile. :) I wish there were processing dates for PERM withdrawals and PERM appeals.
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angelina
07-03 05:23 PM
http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
ashwin_27
02-25 12:48 PM
Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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northstar1
07-26 02:25 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.
What i'm trying to figure out is how the successor in interest i-140's are processed.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.
What i'm trying to figure out is how the successor in interest i-140's are processed.
gccovet
08-15 09:08 AM
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Dont' worry, you are fine.
It should be fine as your company already informed USCIS, these acquistions are quite common.
Get a "Acquisition letter " and a "name change letter" from your HR. This will be useful if you happen to travel on H1B (out of USA).
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Dont' worry, you are fine.
It should be fine as your company already informed USCIS, these acquistions are quite common.
Get a "Acquisition letter " and a "name change letter" from your HR. This will be useful if you happen to travel on H1B (out of USA).
more...
desi3933
06-24 07:51 AM
are you sure that the dates can retrogress by july 15???
Do you have a precedence of such thing happening???
I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.
People always believe in what they want to. It is so strange.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Do you have a precedence of such thing happening???
I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.
People always believe in what they want to. It is so strange.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
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rangaswamy
07-28 05:01 PM
--
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.
When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.
Ar
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.
When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.
Ar
more...
Redeye
04-09 03:05 PM
First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
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jscris
July 18th, 2004, 10:43 AM
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vdlrao
05-11 03:24 PM
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
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KabAyegaMeraGc
10-22 01:07 PM
Admin2 - thank u much for your motivation. I do understand IV is doing great work but if you can shed some light on whats going on behind the scenes, it you really help me decide on many things. One of the thing, my lawyer is recommending is to initiate porting to EB-2 which I understand may take anywhere around 18 mnths if all goes well...
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qtoask
07-11 11:40 AM
Yes, you are right partially.. only if we over do it.
This is not over doing... This is just to keep up the momentum... dont want to loose it.
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
This is not over doing... This is just to keep up the momentum... dont want to loose it.
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
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jscris
July 18th, 2004, 10:41 AM
Welcome, Brandon! As you can see already, you'll get a lot of help from the great group here.
Janet
Janet
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10-08 01:48 AM
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bslraju
09-13 05:48 PM
Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
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boreal
08-24 06:08 PM
#2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Please dont do this to all ppl waiting in the line.
Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Please dont do this to all ppl waiting in the line.
Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...
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inskrish
08-21 11:13 PM
Well, most of us July filers--including myself--are little stressed out due the Receipt Notice issues, but now I have learned how to live happy even at hard times. Here is how I imagine the NSC center works. A busy morning at NSC mail room.:)
Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?
Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?
Clerk: Yes sir, I will do it 10 minutes.
(Clerks completes the officier's instruction and comes back with the applications, but seems confused)
Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.
Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?
Clerk: Yes, sir.
(The clerk gets the 100 applications from the 'Rejected Applications' rack)
Clerk: Sir, I am done.
Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.
(The clerk counts the applications again....)
Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.
Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.
Clerk: Yes, sir.
Officer: Bye, see you tomorrow.
Regards,
IK
Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?
Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?
Clerk: Yes sir, I will do it 10 minutes.
(Clerks completes the officier's instruction and comes back with the applications, but seems confused)
Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.
Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?
Clerk: Yes, sir.
(The clerk gets the 100 applications from the 'Rejected Applications' rack)
Clerk: Sir, I am done.
Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.
(The clerk counts the applications again....)
Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.
Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.
Clerk: Yes, sir.
Officer: Bye, see you tomorrow.
Regards,
IK
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Blog Feeds
11-11 09:30 AM
Dobbs joining Fox Business Channel.
More... (http://blogs.ilw.com/gregsiskind/2010/11/hes-baaaaaack.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/hes-baaaaaack.html)
485_spouse
04-27 03:16 PM
I-140 approved
Self I-485 2004, Spouse not able to file I-485 because of retrogression
Wife not able to work(H4, no EAD)
Moving around for jobs with family
Good Employer but not great
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to buy house
I have EAD but have to stick with the current employer
No promotion
Could not join fortune 500 company as no GC :mad:
Self I-485 2004, Spouse not able to file I-485 because of retrogression
Wife not able to work(H4, no EAD)
Moving around for jobs with family
Good Employer but not great
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to buy house
I have EAD but have to stick with the current employer
No promotion
Could not join fortune 500 company as no GC :mad:
JazzByTheBay
11-20 07:52 PM
For the record, that did seem to help and can be credited (at least partially) for the reversal of USCIS' stated position during the July '02 visa bulletin fiasco. It also brought IV and our issues a fair amount of publicity.
It's easy to be an armchair critic... at least IV as an organization does something. :)
Regardless, if you have any creative suggestions, feel free to post.
jazz
It will also slow down the overall processing, increase revenues for USCIS with tons of EAD/AP renewal fees. Its also a bonanza for lawyers. What a lovely system! To think that people still believe stupidities like marching in DC or sending flowers to USCIS will fix the system!
It's easy to be an armchair critic... at least IV as an organization does something. :)
Regardless, if you have any creative suggestions, feel free to post.
jazz
It will also slow down the overall processing, increase revenues for USCIS with tons of EAD/AP renewal fees. Its also a bonanza for lawyers. What a lovely system! To think that people still believe stupidities like marching in DC or sending flowers to USCIS will fix the system!
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