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  • Project_A
    11-11 10:48 AM
    Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?

    Thank you
    Project_A





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  • gc28262
    04-01 10:54 PM
    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.





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  • superdude
    08-15 02:04 PM
    eeeee thats painful. Happend so many times. It is like Lotto but at the end we say Samay se pehle or Bhagya se adhik kuch nahi milta (before time and more than your destiny you don't get anything)

    Please refrain from using non english languages in the forums





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  • Blog Feeds
    12-18 09:50 AM
    AILA Leadership Has Just Posted the Following:


    Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:

    D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

    The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    - If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example, if the Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "Current."

    - Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.

    Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that by no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.

    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop.

    Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.

    WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?

    At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.

    INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

    Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:

    China: July through October 2005
    India: February through early March 2005
    If Section 202(a)(5)were to
    apply: China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

    Please be advised that the above date ranges are only estimates which
    are subject to fluctuations in demand during the coming months. The actual
    future cut-off dates cannot be guaranteed, and it is possible that some annual
    limits could be reached prior to the end of the fiscal year.


    So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)



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  • u.misc
    02-01 09:47 AM
    Dear all,

    I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
    I rely on him for all this but I get no help.
    Thank you for your support.

    Again, my apologies.

    BUY AND READ THE BOOK TITLED:
    "INVESTMENT FOR DUMMIES" whose GC is in process and priority date in backlogged due to retrogression and by the way married to husband who's cash pooping machine but can't figure out what to do with money.

    Its along title but you sure can get a good deal on amazon.





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  • VisaVisa
    09-10 10:28 AM
    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
    I agree.
    I have also heard that it can be picked up from a consulate. How does that work?



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  • gc2
    09-23 06:45 AM
    bump...





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  • waitnwatch
    07-17 08:36 PM
    The first part looks like a standard blurb.........The second part is the reply and you should be happy that they have taken cognizance of your situation. Hopefully you'll receive the fingerprinting notice in the mail soon.

    Good luck



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  • buehler
    07-27 09:11 AM
    Good idea. I would suggest that you also add uscis.gov to your search. It doesn't seem to be showing any pages from that site





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  • kris04
    11-25 08:06 PM
    Hello,

    I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

    Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

    My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
    Will this trigger an RFE?

    Please advise.

    This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


    Good Luck

    HTH

    kris



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  • reno_john
    06-16 02:02 AM
    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!


    Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
    As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.





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  • chanduv23
    09-16 02:43 PM
    I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........

    Yes - true - well said.

    Libra will consider only unselfish brave folks :)

    If you are already married, check with your wife asn ask her - does she like cowards and selfish people?



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  • sriramkalyan
    09-15 05:39 PM
    Hoo .. i am not attacking illegals .. i just ENVY them ... Powerful senators & congress men are after them ..


    What happened in 2007 is now history. That is not likely to repeat in the upcoming CIR. At this time CIR is the only way to get things moving. Unless CIR is defeated or unless administration says that they do not want a CIR bill, piece meal approach is not likely to happen. Given the situation, asking for a separate bills is setting ourselves for failure, and it alienates us and our issues from the pro-immigration community. At this time, if you call/meet with lawmakers asking for EB only bill, the pro-immigration lawmakers get turned off and anti-immigrant lawmakers use the count of your call to oppose the immigration reform. At this time its a bad idea by calling lawmakers asking for "EB only bill". It will only turn out to hurt our issues and the cause. Additionally, it doesn't help to call specific lawmakers who already understand, agree, support and champion our issues.

    IV do not have a any position on on the issue of illegals/undocumented. And whatever is your personal belief, please understand the reality of the situation and refrain from attacking illegals on IV forums as it doesn't help our cause in anyways.





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  • sujith1
    07-07 06:05 PM
    Yes - 485 can only be applied if ithe dates are current



    Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?

    thanks
    balan.



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  • bombaysardar
    11-01 06:32 PM
    I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents





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  • ahiyer
    09-08 10:47 AM
    I am a little skeptical about how this would work.

    Wont they charge you for International dialing when calling from here?

    lastly, is it legal?



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  • rvendra
    05-25 01:55 PM
    My case transferred to USCIS local office and below is the case status:
    EB 2 Dec 15 2003 - No updates so far
    This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.





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  • GCplease
    03-25 02:21 PM
    I travelled to chennai last March via Emirates. No problems with transit visa or something. The price was good too. airport has a duty free shop for Jewellery and other stuff. good place to shop. but we had to wait a long time for the connecting flight.

    The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.





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  • anirudh74
    03-18 12:09 PM
    Don't count on it.Even if it is introduced it will hit a road block in the house.So go and do what you need to do.Its foolish to base all your plans on CIR. I am sorry to say this , but this is the reality and there is very little that anybody can do to influence this.





    RDB
    08-03 02:38 PM
    Alright - my wife and I completed the Interview today and they asked for proof of relationship (joint assets, tax returns etc.), current employment letter and Birth Certificates. After that the officer told me that he has approved the case in the system, however, as my PD is not current they can't give me the actual card.

    He also mentioned that this is the last ritual in the process and once the dates become current, all they need to do is to order the card production!

    I did ask him why we were called for interview when the dates are not current and he said that the best way to process the applications received during the deluge of July 2007 is this way :) - he was kind of mad at DOS for doing that!

    So, I guess I just have to wait for the Dates to become current - which might take another 5-10 years :D


    Thanks for the link. Looks like I will have to get ready for an interview!!!!





    jumanji4u
    04-08 09:36 AM
    Hmmm....strange good words does seems like working....its all started with good news, then it went to universities ...now to a communities...sometimes the old words seems very very true..how ever you try to make the dog's tail straight ..it doesn't work..

    Great people....you knowledge and education has come to great use..hats off..



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