optimystic
02-16 02:44 AM
which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
As another member already indicated , I already mentioned my PD, country and EB category in my post.
Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
As another member already indicated , I already mentioned my PD, country and EB category in my post.
Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)
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nixstor
07-16 09:59 AM
What is Ron basing his prediction on... I am not sure the trend says so... Can anyone please share his logic?
2 months before, IV has learned from CA/VO at the State Dept that 80-85% of all the visa numbers have been allocated for the fiscal year. I am sure that the actual usage by now is probably more than the 85%. If I am not mistaken, DOS considered 95% utilization as best in the past. It seems to me that they want to get close to the 100%. If you look at the last few bulletins, the cut off dates moved by one month and not by leaps and bounds. Clearly there was demand. I can see EB-2 I & C with PD's of 2002 getting approvals. The demand for EB-2 I & C still exists. DOS just gave USCIS an opportunity to USCIS to utilize the visa numbers. We all know that there is no such thing called FIFO with CIS. I have said this before and will say again one more time.
In the last 2 months, Some one with a PD of Jan 06 might get approved and some one with Jun 02 will be sulking. Just because EB-2 I & C dates have moved to 06 for a brief time does not mean that EB-3 I & C are the only ones that will be left sulking for ever. EB-2 I & C will join the lines in no time. The comparative pain & wait time for EB-3 I & C is more, but what difference does it make if it takes 6 years vs 10 years. Any solutions or thoughts to our issues that are designed entirely on a EB category basis, IMO are not good.
2 months before, IV has learned from CA/VO at the State Dept that 80-85% of all the visa numbers have been allocated for the fiscal year. I am sure that the actual usage by now is probably more than the 85%. If I am not mistaken, DOS considered 95% utilization as best in the past. It seems to me that they want to get close to the 100%. If you look at the last few bulletins, the cut off dates moved by one month and not by leaps and bounds. Clearly there was demand. I can see EB-2 I & C with PD's of 2002 getting approvals. The demand for EB-2 I & C still exists. DOS just gave USCIS an opportunity to USCIS to utilize the visa numbers. We all know that there is no such thing called FIFO with CIS. I have said this before and will say again one more time.
In the last 2 months, Some one with a PD of Jan 06 might get approved and some one with Jun 02 will be sulking. Just because EB-2 I & C dates have moved to 06 for a brief time does not mean that EB-3 I & C are the only ones that will be left sulking for ever. EB-2 I & C will join the lines in no time. The comparative pain & wait time for EB-3 I & C is more, but what difference does it make if it takes 6 years vs 10 years. Any solutions or thoughts to our issues that are designed entirely on a EB category basis, IMO are not good.
vsoni
05-24 03:24 PM
Done!! Nj
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gveerab
09-18 02:13 AM
Thank you very much for your suggestion GCNirvana007, I will contact my congressman and ask them to inquire.
Ask them the detail of so called additional review through your congressman and you cant miss this window and the crap they are doing. Contact your local rep asap.
Ask them the detail of so called additional review through your congressman and you cant miss this window and the crap they are doing. Contact your local rep asap.
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lrindy
10-05 03:39 PM
One of my colleagues got audit for two consecutive years and he received his green card last month.
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
ruby
07-11 04:22 PM
My mother was here last year for almost 9 months (I got her visa extended). I thought one can only claim a person on visitor visa as dependent if he/she is a US or Canadian permanent resident. Is this not true? If not, how can I claim exemtions for her if she is back in India.
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needhelp!
09-20 06:12 PM
Everyone here aspires to be a future citizen of the United States of America. If GC process didn't have problems, we would already have been citizens. Those who haven't learn't to sing it, should do so soon. It can be asked in the naturalization quiz.
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gg_ny
07-10 03:21 PM
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
BTW, is any degree of you from US?
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
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ski_dude12
10-14 02:55 AM
2 months movement for for EB2-I to June 2003. EB3-I 3 months.
http://mumbai.usconsulate.gov/cut_off_dates.html
India
E1 Current
E2 1 June 2003
E3 1 October 2001
Let us hope dates move forward in December.
http://mumbai.usconsulate.gov/cut_off_dates.html
India
E1 Current
E2 1 June 2003
E3 1 October 2001
Let us hope dates move forward in December.
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sanhari
11-19 04:37 PM
Legal immigrants and visa recapture in the dream act, contact your local congress man or senator, using the following template
"http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501"
"http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501"
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BharatPremi
12-09 12:12 AM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.
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tonyHK12
05-09 10:00 AM
This is why I said 221G is a good initiative. Even if people have to suffer a little bit, full check is needed for every visa stamping and every green card application.
I guess its much better for frauds to have an EAD/AP, then they can easily bypass the checking at consulates.
I guess its much better for frauds to have an EAD/AP, then they can easily bypass the checking at consulates.
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immique
06-18 07:54 PM
Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
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sargon
12-19 02:56 PM
Hello friends,
Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).
However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.
Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.
Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).
However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.
Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.
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guyfromsg
10-03 07:39 PM
Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!
Am I stuck in Name check already?? How do you know this?????
I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?
PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY
OK. If you read my posts I'm in the same boat, no LUD after FP. I called FBI finger print number and verified the results were sent to USCIS the same day. I didn't call USCIS. I was also worried like you about getting stuck in Name check. I joined the Yahoo Name check group and one kind individual answered my question (thanks John). See below.
FP and namecheck are independent.
a)FP checks
your fingerprints against FBI fingerprint
databases and the result comes back within couple
of days (or maybe even one day).
b)fbi namecheck
compares all combinations of your name
against FBI national namecheck program database
(86 million records).
This one comes back faster (they say less
than 6 months) if there are
no hits , but if there is some hit ....then
human person needs to clear all hits by requesting
copy of the paper documents from any /all
of the 250 FBI offices across USA . So this
is time consuming process and some of us have
been waiting for over one year , two years , three
years etc.
the LUD thing has no significance. you cannot
interpret much from lud and it causes
unnecessary anxiety . some people don't get any
luds from receipt date until approval.
try a service request first to find out if your
namecheck is pending .if you get a letter saying
"processing of your 485 is delayed because
investigation into your background remains open"
or something like that , then it means the namecheck
could be pending !
Am I stuck in Name check already?? How do you know this?????
I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?
PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY
OK. If you read my posts I'm in the same boat, no LUD after FP. I called FBI finger print number and verified the results were sent to USCIS the same day. I didn't call USCIS. I was also worried like you about getting stuck in Name check. I joined the Yahoo Name check group and one kind individual answered my question (thanks John). See below.
FP and namecheck are independent.
a)FP checks
your fingerprints against FBI fingerprint
databases and the result comes back within couple
of days (or maybe even one day).
b)fbi namecheck
compares all combinations of your name
against FBI national namecheck program database
(86 million records).
This one comes back faster (they say less
than 6 months) if there are
no hits , but if there is some hit ....then
human person needs to clear all hits by requesting
copy of the paper documents from any /all
of the 250 FBI offices across USA . So this
is time consuming process and some of us have
been waiting for over one year , two years , three
years etc.
the LUD thing has no significance. you cannot
interpret much from lud and it causes
unnecessary anxiety . some people don't get any
luds from receipt date until approval.
try a service request first to find out if your
namecheck is pending .if you get a letter saying
"processing of your 485 is delayed because
investigation into your background remains open"
or something like that , then it means the namecheck
could be pending !
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nocomment
10-14 05:32 PM
There is a section in 485 application to list your spouse and dependents. Talk to a good lawyer to see if you can still add her. Or you can live in india until you figure out a way to bring her here on student visa or something.
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GCNaseeb
09-29 08:29 PM
We received all four I-485 Transfer Notices today which says they transferred our cases to LIN. My I-140 was approved from LIN, so this is ok.
But the strange thing is both the Receipt Date and the Notice Date is September 26, 2007. Should I be worried?:confused:
I also applied EAD and AP. Would that means CSC is sill holding back my EAD and AP applications for adjudication?
Thanks for the advise friends.
But the strange thing is both the Receipt Date and the Notice Date is September 26, 2007. Should I be worried?:confused:
I also applied EAD and AP. Would that means CSC is sill holding back my EAD and AP applications for adjudication?
Thanks for the advise friends.
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Ramba
11-21 05:14 PM
Ramba, what are different levels? example, I found something similar on flc data center website. How can I know which level I am in to?
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
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franklin
08-24 02:46 PM
As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
uslegals
09-21 09:19 AM
Friends - this thread was mainly for a pat on the back to PK since he did such a fine job singing it.! IV had no malicious interest in singing the US OR NOT singing the Indian anthem at the rally..!! Our effort thru the rally is to show how we have adapted to this country (USA). There is no point in posing a hypothetical Q like if the US attacks ur mother country (sorry dressking..ur way out of line.!)..that ain't happening.! I am an Indian first and i will take that to the grave..!! We all walked the rally and were present there so that we could try and address the political system of this country reg. our plight.! I don't see any reason for this thread to be turned into a political one...whether how he sang it...what should have been done before or after PK sang it, etc...THE LARGER PICTURE is that IV has respected the US national anthem and has not disrespected the INDIAN national anthem.!! The RALLY surely had a positve impact (read all the news articles...no one commented about the anthem.!).. Again this is the first time that the rally has been conducted on this scale and YES we are learning on what can or cannot be done for the next one.!!
BTW - is there a link for this video..?????????????
Hope u all are enjoying ur FRIDAY..!!
BTW - is there a link for this video..?????????????
Hope u all are enjoying ur FRIDAY..!!
qualified_trash
10-09 08:59 PM
Thanks for responding!!! Kisses (free beer if you are a guy):) :) :)
I can actually move!!!!
I will take the beer thanks!!
and my profile is on the Team IV page :-))
I can actually move!!!!
I will take the beer thanks!!
and my profile is on the Team IV page :-))
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