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US Congress warned on green card backlog

http://msnbc.msn.com/id/12919954/

These are some good options but don't agree fully with F-1 strategy. For F-1 u have to show non immigrant intent. So u can delay ur marriage registeration. I think it is better if he applies for F-1 without disclosing that he is married.

People, First of all, if you don�t have answers please dont post junk!

Options:

1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.

2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***

4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.

5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***

Hope these help.

Agreed. just talk about Bulletin.

Yes,
please respect IV and ourselves by seriously sticking only to the topic of the discussion. It adds crediility to your posts,

Thank You,
Bobby.

While it is usually best to have your company (or legal representative) communicate directly with USCIS, it is possible to contact them directly to determine if your petition has been received. You will need to know which office the petition was filed at (based on the location of the employment it should have been CSC or VSC) and the date of filing.

After you provide some personal information, you may be able to receive your receipt number verbally.

Unfortunately this has worked in some instances, but not in others - so good luck.

If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.

Received Transfer notice from CSC to NSC...originally filed at TSC.
No Receipt Notice, EAD, AP or FP.:mad:


friends,

Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?



I485 filled on July 31, 2007

greenguru:

Congratulation.

From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?

Once again congratulation and Enjoy your freedom.

Thanks a lot.

My PERM was filed last November & Audit was replied in Feb'08.. still no no news..

I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
:D:D:D

Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.

Hi,
My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
Is it possible to have EB2 category and old priority date without refiling new I-140 ?

Thanks.

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

Congratulations!

I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.

As a research assistance, biostatistician, research analyst..

Could I apply as EB2 ?
Am I qualifed?

To your question:
Yes, You can apply under EB2 with Masters degree.

But do your own research on pursuing masters. It will take alteast 2+ years to complete and land on a job. The GC process and Economy might swing back or forth without your control.

Guys,

Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this

" On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."

This was the message I was receiving when I got the receipts initially.

But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.


I-485 July 2nd
I-485 ND Sept 10
No FP yet.
EAD/AP receipts received.
Edit/Delete Message

AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.

It is worse than that.. :)

Please watch the following youtube video to understand how USCIS works

http://www.youtube.com/watch?v=-30BZtpvaTY

LMAO - thanks for this post - hilarious!! :)

I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that

I am sorry but you seem to be confused. Your post says that the RIR provision in your app was rejected and your labor app has been put in the TR queue (traditional recruitment). now you are asking if you can convert to RIR again??

how will they let you convert when they specifically rejected the RIR?? I suggest you speak with a lawyer, and, understand this process completely before taking any further steps.

^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^

who gave me red mark?

somebody gave red mark...what happened???

inline...

I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...

An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)

--Parag

Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.

HISTORICAL BACKGROUND OF RETROGRESSION

Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

Employment-Based First Preference / EB1

Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

Employment-Based Second Preference / EB2

The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

Employment-Based Third Preference / EB3

No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

Double Dipping

Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

CONCLUSION

We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

This trickling effect was already discussed. It is from murthy.com .

The numbers for the DOL contacts seems to be voice numbers and not fax numbers. Can someone please provide me with their fax numbers?

Thanks...

You are correct, they get a copy.
?