swo
08-16 01:40 PM
Hi, do you know how long it took them to clear name check? which EB category /country are you? Mine is stuck in name check and am trying to find some pattern and if possible, some solace.. thanks.
Your case is unique. Either it will get through quickly or it won't.
BROADLY SPEAKING, 90% of cases take 6 months of less to get through name check. Some take longer. Depending on how common your name and it's variatiosn are, and depending on whether or not there are hits in the FBIs database, that will determine how it goes for you. Some are through in 2 weeks. Some in 2 years.
Sadly, it's not predictable in any way.
Your case is unique. Either it will get through quickly or it won't.
BROADLY SPEAKING, 90% of cases take 6 months of less to get through name check. Some take longer. Depending on how common your name and it's variatiosn are, and depending on whether or not there are hits in the FBIs database, that will determine how it goes for you. Some are through in 2 weeks. Some in 2 years.
Sadly, it's not predictable in any way.
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karanp25
07-14 06:23 PM
When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
diptam
07-01 09:44 PM
Updated my profile.
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
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Jaime
09-10 02:37 PM
Hey Andy, yes, join us on the 18th! We can help with your airfare, and even better if you can bring your wife and kids!!!!
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BharatPremi
03-17 01:33 PM
1) Labor Substitution
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
2) Long EB3 queue and thus switching to EB2
3) Not geeting PBEC/DBEC labor approval for avg 4 to 6 years
4) I-140 approval queue
5) Name Check queue
6) Bogus multiple filings filing (To take a chance people pursue multiple
filings. This generally is done through desi
companies. In general one valid filing and other
is worked out for rainy days)
7) Vaild multiple filings ( Example: Husband and wife both on H1. One file with
husband as principal applicant and other is with Wife
a principal applicant)
8) You have current PD but your RD is not current. And when your RD becomes current PD does not remain current
All have played their parts for keeping us at where we are right now. But if you want to curse you may curse only to the lot in no:1 (Curse target: applicants) and 2 to 5 & 8 (Curse target: USCIS)... Otherwise all other
streams flourished out of frustration or manipulataive calculation to have security net.
mpadapa
07-01 04:53 PM
Call U'r own lawmaker and request them to support the Lofgren bills. Talk to their leg. aide who handles immigration and appraise them about the bills. Believe me there are quite a few lawmaker offices who aren't aware of the Lofgren bills. If constituents call and request the lawmakers to support, then they will have to look into these bills. And more importantly you have to do a follow up call and find out the position of the lawmaker on the 3 bills.
Find your lawmaker by keying in U'r address or zip code at http://www.visi.com/juan/congress/
1000 signatures representing a problem which impacts close to a million people isn't enough. Admin fix campaign had around 5000 letters and it wasn't enough to create any big impact. If we are having a campaign with atleast 100K signatures, then Yes I am signing in on this campaign.
We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.
Find your lawmaker by keying in U'r address or zip code at http://www.visi.com/juan/congress/
1000 signatures representing a problem which impacts close to a million people isn't enough. Admin fix campaign had around 5000 letters and it wasn't enough to create any big impact. If we are having a campaign with atleast 100K signatures, then Yes I am signing in on this campaign.
We already participated in the phone campaign. What else we can do in helping the Lofgren bills?
With an online petition and > 1000 signatures, we can mail the copies to media/congressman/President.
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pitha
01-30 03:20 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
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nojoke
02-27 09:11 PM
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
Easy solution - Please don't be forced to read them.
misery didn't attrach misery -housing bubble attracts misery.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
Easy solution - Please don't be forced to read them.
misery didn't attrach misery -housing bubble attracts misery.
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desi3933
03-10 02:55 PM
From July-07 fiasco DOS and USICS work very closely on VB, I am referring to USCI and DOS. And USCIS is the one who influence DOS decision.
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
Let me ask you again, there are two "they". Same or Different?
Here is your statement again
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Remember, this is a trap question.
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bayarea07
09-10 02:20 PM
I dont think its the Right Link the link that you sent has lot of action going on but
http://judiciary.house.gov/hearings/calendar.html
has people moving all over the place and no action
I found another link. Not sure if its the right one ?
http://www.c-span.org/Watch/C-SPAN_wm.aspx
http://judiciary.house.gov/hearings/calendar.html
has people moving all over the place and no action
I found another link. Not sure if its the right one ?
http://www.c-span.org/Watch/C-SPAN_wm.aspx
more...
paulinasmith
08-08 08:50 AM
If you are just another desk jockey, your company made a big mistake sponsoring your H1. H1 visa is only given to people in high demand with special skills where company cannot find a US citizen. Greencard is sponsored by a company when company proves that no USA citizen is available to do your job despite lot of advertising for many months. It is company wanting to keep you permanent instead of just 6 years and not you demanding to be permanent. This is Employment based Green card where employer sponsors you. You do not sponsor yourself unless you are extraordinary in EB1 and world's best. Why can't people get over this and stop demanding greencard as their right. Greencard is a benefit you get for having specialized skills that are in high demand in the job you do. If you think you are unique and no American can replace you after giving ads for several months, what is stopping you from finding another company and challenging them to try advertising for few months for your position. If they find someone, you will happily quit the job and vacate for the American citizen. And if they do not find someone, then they should sponsor you for Greencard. Do you have such courage to talk to HR or CEO of your company?
I agree that there is no direct route or path defined between H1B and green card. In my opinion one have to concentrate on making maximum money USD$.USD$ is the only thing thing country have left remaining with.There are other secure economies where you can invest maximum USD$ (from here) and get better return (better interest rates). Chasing American Dream should be now over after living in the dark harsh realities of US.Many indians are putting their savings in India...
I agree that there is no direct route or path defined between H1B and green card. In my opinion one have to concentrate on making maximum money USD$.USD$ is the only thing thing country have left remaining with.There are other secure economies where you can invest maximum USD$ (from here) and get better return (better interest rates). Chasing American Dream should be now over after living in the dark harsh realities of US.Many indians are putting their savings in India...
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pappu
07-23 03:06 PM
Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.
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logiclife
02-13 12:49 PM
It is an item on the organization's agenda.
Both for USCIS and BECs to show some transparency. More posts mean more attention, but the posts are made by 800 members and majority of them are stuck in Dallas and Philly BECs or waiting for 485 to be filed so that they can get portability benefit beyond 6th year.
That is much more important than speed of 485 processing. It is on the agenda of the org but the reason you dont see those posts is because its not a problem yet for the majority on this forum. That's just how it works. First things first. You dont find people on student visas worried about Labor backlogs coz they need to find H1 first. You dont find people stuck in labor worried about retrogression coz they need to get their labor approved first without which retrogression or no-retrogression makes no difference to them.
I agree with your idea and understand that USCIS handling of 485 is a serious issue, just trying to explain why you dont see too many posts here for that issue.
Both for USCIS and BECs to show some transparency. More posts mean more attention, but the posts are made by 800 members and majority of them are stuck in Dallas and Philly BECs or waiting for 485 to be filed so that they can get portability benefit beyond 6th year.
That is much more important than speed of 485 processing. It is on the agenda of the org but the reason you dont see those posts is because its not a problem yet for the majority on this forum. That's just how it works. First things first. You dont find people on student visas worried about Labor backlogs coz they need to find H1 first. You dont find people stuck in labor worried about retrogression coz they need to get their labor approved first without which retrogression or no-retrogression makes no difference to them.
I agree with your idea and understand that USCIS handling of 485 is a serious issue, just trying to explain why you dont see too many posts here for that issue.
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GCNaseeb
10-12 09:20 PM
See signature
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deepakjain
08-11 11:41 AM
It's out now EB2 I and C are 08JAN05.
Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
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smuggymba
07-12 04:44 PM
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
be ready next month my friend.
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
be ready next month my friend.
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greyhair
06-10 02:06 PM
There is no point in arguing with each other just to see this bill in a manner to exclude each one of us. EAD is work authorization even when it is not a visa. The intent of the bill will matter. The clear intent is to not allow hiring of non-citizens by companies engaged in mass layoff, which could include EADs. What's the point of arguing if someone gets an RFE for employment letter? It's not relevant.
What should/can we all do to prevent this from passing? What does IV core want us to do?
What should/can we all do to prevent this from passing? What does IV core want us to do?
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waitingGC
01-18 11:15 AM
"This account has been permanently locked with a $0.00 USD balance. All information associated with this account has been blocked from the PayPal system and cannot be registered with another account."
When I was trying to make a monthly contribution, the above message was shown to me. I tried several times and got the same result. Can anyone tell me what happened and what I can do to fix it? Thanks.
I wonder if there were any other members who met the same problem. People may give up because of the trouble.
When I was trying to make a monthly contribution, the above message was shown to me. I tried several times and got the same result. Can anyone tell me what happened and what I can do to fix it? Thanks.
I wonder if there were any other members who met the same problem. People may give up because of the trouble.
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anurakt
12-30 07:49 PM
Updated wikipedia for immigration definition
http://en.wikipedia.org/wiki/Immigration#External_links
Please see the external links section.
http://en.wikipedia.org/wiki/Immigration#External_links
Please see the external links section.
invincibleasian
01-27 10:19 PM
The country caps ensure equal distribution of immigrants from all parts of the world and not only the countries which have poured in immigrants in the last few decades.
amitps
09-26 12:11 PM
Please send a thank you email to the reporter....
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
This will be a great gesture on IV's part.
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