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  • gemini23
    08-02 02:10 PM
    Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.




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  • another_wei
    05-01 04:21 PM
    Yes, I did leave after being here more 8 years when my AP was approve i went back to China in 2008. The after 3 weeks visit my family I returned to United States and admitted back ok.
    Very strange they asking for school transcript from almost 10 years ago (my F1 start 1999)

    Thank you, thank you! Best I get a Lawyer to answer this latest RFE but i feel much better now. I should be pass I hope!




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  • thuristic
    09-01 09:04 PM
    Thanks so much for your insights. If I migrate south bound again, I will probably not return to my current company as I am fed up being the designated work horse.

    I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.

    For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.

    cheers,




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  • rotucan
    12-17 09:43 AM
    I have good comments from Zhang Office

    http://www.hooyou.com/index.html

    I have my case with Tindall & Foster...:( I do not recommend them

    good luck



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  • pappu
    02-02 02:54 PM
    House Immigration Subcommittee Holds Hearing on Naturalization

    On January 17, the House Immigration Subcommittee held its first oversight hearing of the year, and the subject was the naturalization processing backlogs. Due to a confluence of factors, including a very significant fee increase that went into effect on July 30, 2007, U.S. Citizenship and Immigration Services (USCIS) received approximately double the number of naturalization applications in its Fiscal Year 2007 than it had during the previous year. USCIS is saying that, as of now, anyone who applied for naturalization after June 1, 2007, can expect to wait 16 to 18 months to have their application processed.

    Remarks by Subcommittee Members

    In her opening comment, Representative Zoe Lofgren (D-CA), Chair of the Subcommittee, noted that one year ago, the Subcommittee had a hearing on the proposed fee increase, and was told by USCIS that it need the fee increase to increase efficiency. At the time, the processing time for citizenship applications was six months.

    Representative Steve King (R-IA), the ranking Republican on the Subcommittee, played the role of immigration historian. In his opening statement (and in his questioning), he focused almost exclusively on the INS� Citizenship USA program of ten years ago�back in the day before computers were standard issue in the immigration agency. In that effort to deal with a naturalization backlog, some applicants were granted citizenship before criminal background checks were completed, and some who received citizenship were found later not to be eligible. (Since then, however, much more stringent processes have been put in place to screen applications for naturalization. And the agency now does have computers.)

    USCIS Director Emilio Gonzalez

    Emilio Gonzalez, Director of USCIS, gave some background on the development of the backlog and summarized what USCIS was doing about it. During June, July, and August of last year, USCIS received three million immigration benefit applications of all kinds. Their first priority was issuing receipts for those applications. Next, they processed and sent work authorizations, which they are required to do within 90 days.

    In the meantime, a large number of naturalization applications piled up. To deal with the extra workload, USCIS is hiring 1,500 new employees (in addition to the extra staff they planned to hire after the new fees went into effect). The agency is also re-hiring former (retired) employees. While waiting for the additional staff to be trained and deployed, the agency will be asking current staff to work overtime, using budgeted overtime early in the Fiscal Year.

    Other steps are also being taken. Still, Mr. Gonzalez noted (in his written testimony) that it will take until the third quarter of Fiscal Year 2010 before the agency is back to a six-month processing time.

    During the question and answer session, there was a fair amount of discussion about a portion of the backlog that preceded the surge in applications and was caused by a delay in the background checks conducted by the FBI. Some individuals have been in limbo for well over a year waiting for clearance from the FBI, and Mr. Gonzalez noted that last year more than 5,000 lawsuits were filed against the agency�80% on the FBI name check delays. The FBI, he said, has a paper-based system that is only beginning to be addressed. For now, it takes people to handle the files. The FBI has brought on some additional contract personnel and full-time employees to work on this problem.

    Rep. Lofgren said that she would ask the FBI to come before the Subcommittee to explain its perspective on the name check delays. [Subsequently, we were told that the full Judiciary Committee will have a hearing with the FBI on a range of issues, including the name check issue.]

    Non-Government Witnesses

    Also testifying at the hearing were Arturo Vargas, Director of the National Association of Latino Elected and Appointed Officials and Fred Tsao, Policy Director for the Illinois Coalition for Immigrant and Refugee Rights. Mr. Vargas said that his organization kept USCIS apprised of its efforts to get immigrants to become citizens and the agency should have taken that information, plus experience with past fee increases, into account to take steps to be better prepared for the surge in applications. NALEO is recommending that the agency focus sufficiently on reducing the backlog so that all immigrants who applied for naturalization in Fiscal Year 2007 (which ended September 30, 2007) are sworn in as citizens by July 4, 2008. Otherwise, many immigrants who applied for citizenship last summer will not be able to vote in the elections this November.

    Mr. Tsao echoed the point about USCIS having ample information that a surge in applications was coming. He recommended that USCIS (and the FBI) report regularly to the Subcommittee regarding progress being made on reducing the backlog.

    In concluding the hearing, Rep. Lofgren suggested that she might also conduct a hearing on the agency�s information technology.

    Additional Information

    In a subsequent meeting with community-based organizations, Michael Aytes, Associate Director for Domestic Operations of USCIS, gave some additional specifics on the status of the naturalization backlogs. He noted that the total number of new employees being hired will be approximately 3,000�between the additional staff they are hiring to deal with the backlog and the extra staff being paid for by the fee increases. Regarding the FBI name check issue, he noted that, during the House hearing, every member of the Subcommittee�Republican and Democrat�inquired about the name check issue, and that this issue is now being dealt with at high levels both in the Justice Department (in which the FBI is located) and in DHS. He indicated that decisions have been made on the hiring of many of the new adjudicators that are being brought on board, but training and placement are still weeks away, at least.

    He also said that the agency is starting Saturday and evening interviews, and applicants should be encouraged to make every effort to show up for their interviews.




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  • felix31
    12-04 11:09 PM
    the scary thing with imm lawyers is that they can mismanage client's case for one reason or another, but the client is the one who gets penalized...

    I mean, what's the purpose in hiring a lawyer, if one is expected to know every single nuance of ever changing imm laws...



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  • aj_jadeja
    04-20 12:12 AM
    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.

    Well now days US consulate have started 'returning worker quota' for every weekday appointment. I used that procedure in Dec 2005. My return date was 2nd Dec 2005 and i went to Visa appointment office on 23rd nov and they gave me appointment for 30th Nov .

    I also came to know that mumbai consulate takes some candidates (emergency case) without any confirmed appointment from 9:30 to 10:00 am.

    Hope this helps.

    Aj




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  • mambarg
    07-24 07:08 PM
    My attorney uses Fedex and we get receipts on time.
    I would recommend to use Fedex instead of UPS.



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  • number30
    03-18 06:13 PM
    LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
    You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.


    I




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  • gceveryone
    11-09 03:39 PM
    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)



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  • RNGC
    02-05 04:41 PM
    My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

    Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

    Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

    Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

    Thanks.




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  • bkn96
    11-24 01:20 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..



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  • GCBy3000
    07-06 12:00 PM
    asked both the two questions posed by fellow members.




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  • Sandeep
    01-23 01:53 PM
    To present our case, we need facts. Like for example

    -Drop in admissions/applications/exams for US universities
    http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
    http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
    http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3

    -Number of people on H1-B buying homes
    http://www.census.gov/prod/3/98pubs/cenbr974.pdf

    -Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
    http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
    It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.


    -Age Pattern of the Science and Engineering Labor Force
    http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
    And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "


    I am also trying to gather information about the points given below

    - Number of H1-Bs becoming US citizens (when given a chance)
    _________
    - A $$ amount of value addition of H1-Bs to the US economy
    _________
    - Number of children that are US citizens from H1-B families.
    _________

    Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
    Thanks
    Sandeep



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  • gg_ny
    02-16 02:56 PM
    http://www.immigrationportal.com/archive/index.php/t-191393.html

    Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).



    Am I understanding this right ?

    FOR H1/L1 They do a FBI background check

    FOR I-485/CP They do a Name Check

    Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
    This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...


    Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.




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  • WillIBLucky
    11-17 09:56 AM
    I dont think we should be talking about it over here. It surely looks like more of Indian site and not a Immigration Only related conversation. We should focus on what our problems are right now. Nuclear deal is not going to help or reduse our wait for Green Card.

    This forum topic says "Green Card Retrogression" so lets talk about it only. If we have to talk of the rest of the stuff that is happening with India then it should be identified in appropriate forum and not here.



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  • ronhira
    05-18 02:00 PM
    i read those two threads from macca every evening...... infact i think his threads are very informative & it collects everything relevant at one place.....

    for those who don't like those threads, have u guys read the content of those threads? if u read the content of those threads.... u will start appreciating the effort of 1 guy to help us all understand whats going on in the real world..... or we can always look for other things on world wide web......




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  • kukitron
    10-03 03:10 PM
    Hello,

    My wife is applying for a good job at the European Union, and I do not see why can't she get accepted. We've been stuck in this mess for a while and I am getting tired of irrespectful treatment when entering the country, even when you are here legally, limited career, etc,etc

    We can legally work in Europe, but how is the market in Belgium for an electrical engineer (firmware, hardware, project manager exp)?

    Anybody have any experience or know something about it? salaries, cost of live, etc

    Regards




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  • wandmaker
    09-10 11:58 AM
    thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks

    USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because

    1 - you used your tourist visa to find work
    2 - you have overstayed your I-94




    jsb
    09-24 01:00 PM
    cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)

    Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.

    You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).




    prp925
    02-10 08:21 PM
    Congrats for getting a green card. Lucky you!



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