dollar500
08-02 11:27 PM
The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a �pool� of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these �pool� numbers remain available for use during FY-1005. Pub. L. 106-313 also 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.
Changes in CIS processing procedures during the past two years created a significant backlog of cases and a consequent reduction in demand for numbers.
During the time that the Employment-based categories have remained �Current� many tens of thousands of applicants have become eligible to file for adjustment of status. Last summer, CIS notified Congress of its intent to eliminate its current backlogs by the end of FY-2006. As a result of the CIS backlog reduction effort, we are now experiencing very heavy visa demand as CIS has begun to process cases to conclusion. Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.
It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines. Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand. No specific predictions are possible at this time.
Changes in CIS processing procedures during the past two years created a significant backlog of cases and a consequent reduction in demand for numbers.
During the time that the Employment-based categories have remained �Current� many tens of thousands of applicants have become eligible to file for adjustment of status. Last summer, CIS notified Congress of its intent to eliminate its current backlogs by the end of FY-2006. As a result of the CIS backlog reduction effort, we are now experiencing very heavy visa demand as CIS has begun to process cases to conclusion. Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.
It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines. Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand. No specific predictions are possible at this time.
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hpandey
11-10 02:57 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.
jsb
01-29 09:55 AM
Man wish it was true, or atleast let them make the damn thing current again so that i can file 485 for my wife.... atleast she gets EAD to start working......... and i can also get stimulus benefit...
If someone has truely heard that retrogression may end, it may mean that PD cutoffs can not move backward (thus making them think and work before cutoff date movement is decided). This makes sense, and should be the case in any sensible system.
If someone has truely heard that retrogression may end, it may mean that PD cutoffs can not move backward (thus making them think and work before cutoff date movement is decided). This makes sense, and should be the case in any sensible system.
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mharik
01-06 02:11 PM
Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
more...
chandra_mb
07-19 12:46 AM
Hi nlssubbu,
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
anilsal
03-09 05:54 PM
I had dream last night, part of which I still remember.
As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.
And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.
And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.
Quite fun to read.
As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.
And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.
And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.
Quite fun to read.
more...
chanduv23
08-05 10:56 PM
^^^^^^^^^^^^^^^
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WillIBLucky
11-17 12:19 PM
if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
more...
bestofall
12-30 09:56 PM
How did you find out , that files are assigned to I/O
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bkarnik
05-18 09:24 PM
Alabaman,
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
BEE: If I am not mistaken, there is a brief clip showing the chinese members.
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
BEE: If I am not mistaken, there is a brief clip showing the chinese members.
more...
kondur_007
03-29 09:12 PM
Thanks you very much for the reply.I appreciate.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
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misha
07-21 10:53 AM
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
more...
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govindk
10-25 11:15 AM
I filed my application on July27th. Completed FP on 10th Oct. I have not received EAD yet. When i called USCIS, I got response to wait 90days from the receipt date.
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satyasaich
05-01 09:54 PM
nviren
Any person who can understand the dynamics of US career will never question about tour india trip, as long as
1. you have a valid job with clean record of say, most recent W2, recent pay stubs etc;
2.appropriate supporting documentation from the employer
Also, the usually we get around 3 weeks, sometimes up to 4 weeks of vacation(if lucky) time to go india.that it self speaks everything.
on a personal note, i should go to chennai based on my birthplace, which is AP, but instead i've opted New Delhi as my choice because i got the interview date that suites to my itenarary. no questions asked at the consulate, but remember you have to carry all the needed documentation
Bkarnik,
I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.
ujjvalkoul, satyasaich,
About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?
Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?
Any person who can understand the dynamics of US career will never question about tour india trip, as long as
1. you have a valid job with clean record of say, most recent W2, recent pay stubs etc;
2.appropriate supporting documentation from the employer
Also, the usually we get around 3 weeks, sometimes up to 4 weeks of vacation(if lucky) time to go india.that it self speaks everything.
on a personal note, i should go to chennai based on my birthplace, which is AP, but instead i've opted New Delhi as my choice because i got the interview date that suites to my itenarary. no questions asked at the consulate, but remember you have to carry all the needed documentation
Bkarnik,
I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.
ujjvalkoul, satyasaich,
About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?
Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?
more...
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_shoonya
11-14 10:44 PM
Deleted
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addsf345
07-17 07:19 PM
Please read this: Entering Canada � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.
The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.
while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?
Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.
The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.
while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?
more...
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CHHAYA
03-18 01:05 PM
I recently started an LLC here. I looked into several options and learned that LLC is the best way to go if you are a foreign national. I'm working on my H1B and do hold a valid EAD.
Anyone can incorporate an LLC regardless of your immigration status. As an LLC member, you are liable to file for you own tax returns on the profits and any salary drawn from the company. However, the members can choose to file taxes as a corporation as well. The most important part in incorporating a business is to form an Operating Agreement and getting square with IRS by getting the employer Identification number(EIN) so that you can file taxes. None of the banks will let you open a business account with them if you do not have an EIN which is also called as Federal Tax ID number.
You can find a lot of information on the web on this subject. I can shoot you the online service I used in a private message if you are interested. BTW, we formed the LLC in DE and operating from NJ.
Hi! Gotfreedom,
I am working part time with my sponsoring employer and also working fulltime on EAD with other firm. Me and my husband who is on EAD want to open small firm in parternership. How can we register and what corporation is best. Also I want to register in DE and operate from MD. You can give me more info in private message.
Anyone can incorporate an LLC regardless of your immigration status. As an LLC member, you are liable to file for you own tax returns on the profits and any salary drawn from the company. However, the members can choose to file taxes as a corporation as well. The most important part in incorporating a business is to form an Operating Agreement and getting square with IRS by getting the employer Identification number(EIN) so that you can file taxes. None of the banks will let you open a business account with them if you do not have an EIN which is also called as Federal Tax ID number.
You can find a lot of information on the web on this subject. I can shoot you the online service I used in a private message if you are interested. BTW, we formed the LLC in DE and operating from NJ.
Hi! Gotfreedom,
I am working part time with my sponsoring employer and also working fulltime on EAD with other firm. Me and my husband who is on EAD want to open small firm in parternership. How can we register and what corporation is best. Also I want to register in DE and operate from MD. You can give me more info in private message.
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rameshvaid
05-27 10:22 AM
I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.
Thanks Bfaldia for sharing the info..
RV
Thanks Bfaldia for sharing the info..
RV
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franklin
10-12 10:53 AM
Please move this thread to the appropriate forum, this has nothing to do with DC rally logisitics
rahul2699
05-16 09:12 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
cahimmihelp
07-15 12:56 PM
Hi,
This is my second effort to get the answer. There are so many posts on this kind of topics but I am not getting any clear answer. I would appreciate if someone can throw the light on this topic.:confused:
I am working with a consulting company and my company filed for my GC in 2009 (PD is 25-Feb-2009). I received my I-140 approval on 28-Feb-2010. Now the client where I am working, has offered my a fulltime job and GC processing. I have received mutual consent from my current company for any legal issues. Now, if I join the new company and file my GC from there, can I port my Priority date for the new processing? Also, what should be the earliest joining date? What all other precautions should I take while filing GC with the new company?
I received the offer on 07/09 and have to give my decision by 07/15. I would appreciate if anyone can help. I got one day extension in deadline. Please answer someone...
Thanks a lot,
CAH
This is my second effort to get the answer. There are so many posts on this kind of topics but I am not getting any clear answer. I would appreciate if someone can throw the light on this topic.:confused:
I am working with a consulting company and my company filed for my GC in 2009 (PD is 25-Feb-2009). I received my I-140 approval on 28-Feb-2010. Now the client where I am working, has offered my a fulltime job and GC processing. I have received mutual consent from my current company for any legal issues. Now, if I join the new company and file my GC from there, can I port my Priority date for the new processing? Also, what should be the earliest joining date? What all other precautions should I take while filing GC with the new company?
I received the offer on 07/09 and have to give my decision by 07/15. I would appreciate if anyone can help. I got one day extension in deadline. Please answer someone...
Thanks a lot,
CAH
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