gc_buddy
05-05 09:59 AM
Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.
http://www.immigration-law.com/
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
http://www.immigration-law.com/
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
kondur_007
03-16 01:13 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
andy garcia
08-23 02:57 PM
How many visas are there for India in a year in EB3, EB2 and EB1?
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
murali77
07-16 02:03 PM
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
How can you say that ? Please explain
Murali
How can you say that ? Please explain
Murali
more...
haider420
06-12 07:53 AM
PLEASE HELP ME OUT!!!!
i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
DSJ
06-01 01:25 PM
This news is going on for a while. It is a waste of time analyze same story from different website without facts (pending no's) and date of backlog clear.
Note we have already seen their commitment to clear labor backlog, which has been postponed several times.
The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
Note we have already seen their commitment to clear labor backlog, which has been postponed several times.
The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
more...
smuggymba
04-21 02:07 PM
Central PA
really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)
many things to juggle and prioritize.
really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)
many things to juggle and prioritize.
clifford
02-02 06:30 PM
A good business man cares only about profit. Recently US announced that it will be selling arms to Pakistan and few days earlier it had announced that it will be selling billions worth of Arms to India.I think USCIS approved all the 65 K H1b applications in the current quota and now officials at the air port will be kicking back Indians at the port of entry. Creates good business for USCIS, shows airport officials are enforcing laws probably they need to hire more people and creates business for airliners etc, all seem to be benefiting a little bit.
H1B is favorite whipping boy for so many groups of people. Nobody has complaints against communists taking their jobs and making each and every damn thing which is in their home. It is like some so called red necks who will not buy Chinese made tv at walmart but will buy the same thing from a smaller shop thinking that they made a big difference. It pisses off many people that a guy who got educated in 3rd world and does not speak that smartly and probably does not look that smart is beating them at their own game against all the odds. Oddly I think that is what is AMERICAN SPIRIT.
H1B is favorite whipping boy for so many groups of people. Nobody has complaints against communists taking their jobs and making each and every damn thing which is in their home. It is like some so called red necks who will not buy Chinese made tv at walmart but will buy the same thing from a smaller shop thinking that they made a big difference. It pisses off many people that a guy who got educated in 3rd world and does not speak that smartly and probably does not look that smart is beating them at their own game against all the odds. Oddly I think that is what is AMERICAN SPIRIT.
more...
chapper
11-11 01:26 AM
Please add more data if you find.....
http://img216.imageshack.us/img216/570/workinprogressue6.jpg
http://img216.imageshack.us/img216/570/workinprogressue6.jpg
brb2
08-10 05:14 PM
The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security (finally!). The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Full press release:
http://www.whitehouse.gov/news/releases/2007/08/20070810.html
Full press release:
http://www.whitehouse.gov/news/releases/2007/08/20070810.html
more...
mita
12-05 11:36 AM
I was waiting for someone to spit venom at timesofindia but did not happen till today.
By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
Please do not post news from timesofindia.com over here! This is not a mirror image site of TOI. Besides, timesofindia.com is good for nothing anyway.
They put H1-B/Green Card rumors left and right on the front page. It is propaganda to get more hits and that is where it ends. Thank you.
By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.
Please do not post news from timesofindia.com over here! This is not a mirror image site of TOI. Besides, timesofindia.com is good for nothing anyway.
They put H1-B/Green Card rumors left and right on the front page. It is propaganda to get more hits and that is where it ends. Thank you.
HV000
08-10 12:44 AM
It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.
more...
guesswho
11-12 11:47 AM
What was your previous status (before 1st oct). If you still have valid visa for say H-4, just go out of country and come back using your previous valid visa. On your return you will get a new I-94 with H-4 status. Then you can apply for H-4 to H-1 transfer (you won't need any paystubs) and you will not be subjec to H1 quota either.
Ofcourse, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status.
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
Ofcourse, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status.
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
.jpg "wallpapers of love hearts.")
53885
05-14 07:53 PM
They dont want to loose visa numbers for this year. 2 years movement guarantees that those eligible can file 485 & EAD. If next month USCIS receives 50,000 applications the dates could move back.
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
more...
arian2002
08-17 11:56 AM
My drivers license is expiring in October as well as my H-1B. My company has applied for H-1B renewal in July and it seems it will not get renewed before end of October. I have an approved I-140. Does anyone know if I can get my license renewed without the new H-1B approval notice in hand? Thanks everyone in advance.
amitjoey
05-19 04:45 PM
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html
Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.
Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html
Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.
Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.
more...
va_dude
03-09 03:01 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
dentist1
03-09 01:07 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
msp1976
02-09 01:06 PM
I would not say that suing USCIS is of no use...It does have its own uses....
Most of the 'American people' donot think beyond their own thing...Some donot have intellectual capacity...Some lack the curiocity..Some are stuck in mortage..marriage..lovelife...divorse...They donot have time to look at our plight or our lawsuit...
For all 'lawsuit oriented' people ...This is some educational material...
Some people already sued the USCIS and their attempt failed...
Still USCIS was forced to make certain statements in a federal court and certain processing became fast because of that...
If you want to try suing please read all this.....
http://www.immigration.com/litigation/I-485_litigation.html
Most of the 'American people' donot think beyond their own thing...Some donot have intellectual capacity...Some lack the curiocity..Some are stuck in mortage..marriage..lovelife...divorse...They donot have time to look at our plight or our lawsuit...
For all 'lawsuit oriented' people ...This is some educational material...
Some people already sued the USCIS and their attempt failed...
Still USCIS was forced to make certain statements in a federal court and certain processing became fast because of that...
If you want to try suing please read all this.....
http://www.immigration.com/litigation/I-485_litigation.html
srkamath
07-12 08:52 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
Just wondering - it may mean that the USCIS expects to finish processing your case by then !!!!!!
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
Just wondering - it may mean that the USCIS expects to finish processing your case by then !!!!!!
tonyHK12
01-21 11:35 AM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
This is a Good one, defenitely a useful point:
"Not allowed to not be.... the No. 1 student in every subject except gym and drama"
"almost 70% of the Western mothers said either that "stressing academic success is not good for children" or that "parents need to foster the idea that learning is fun."
What do you think?
This is a Good one, defenitely a useful point:
"Not allowed to not be.... the No. 1 student in every subject except gym and drama"
"almost 70% of the Western mothers said either that "stressing academic success is not good for children" or that "parents need to foster the idea that learning is fun."
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