bradley emmanuel

Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?
Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.

Response from my Fragommen paralegal:

1.Typically how long does DOL take to response to an Audit? Approximately 4 to 7 months.
2.What kind of response can we expect? Will it be an approval or a further Audit? Unknown. We may receive an approval or we may receive a 2nd audit.
3. What % of cases get a further audit after a response is filed to an initial Audit? Every case is different, so can't provide you with a percentage.

I was audited on 6/09 and Fragommen responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?

I will send out a response when I hear from him.

Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

Thanks.

i would say give some peace of mind to your employer first you flirt with him that you will go to labor department. he will pay you and give you want u want with a smile. try it

sap

Where is the presence of other guys? how many of them responded to "the country of birth" poll? People of other nations doesn't suffer as much as people of India.

Science, Technology, Engineering and Mathematics....

Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

Does anyone have a list of majors included or any other information on this issue?

Thanks.

Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.

I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.


withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..

I have just joined this forum and collected my D70 last night. Used for the first time tonight took about 200 photo's with my SB-80DX flash.
I had to use camera on A or S priority with flash set on Auto. Quite a backward step after TTL metering with the F100.
The only Nikon flashes which provide full interaction with the D70 are the SB-800 & SB-600. Only these provide auto zoom head function, ISO from camera and TTL metering.
Hope this helps.PM

SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.

thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.

I am not a lawyer so it would be best to consult one.

Please keep sending all bugs and requested features in a PM.

A few people are leading this effort and collecting the bugs and new features
Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better

The office staff from our congressman tried their best and said they couldn't get it approved. However, my wife received the EAD with an approval date just the same day of previous expiry. It has been processed within 30 days. Either USCIS processed quickly or the request from congressman office at least brought our application to the top. Anyways, we are relieved. Good luck to you all.

I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

The labor was filed as software engineer whose description says that this was java focussed intense programming position.

I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

what do you think?


The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.

Thanks

I suggest you talk to a good lawyer! This kind of question is too sensitive to rely on people's opinion.

Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.

Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed

Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.

neither do I...

:::::evil:::::

With so many auidts being done on companies with high numbers of H1B employees. It kind of helps the employer if the employees move to EAD status that will reduce the percentage of people on H1 drastically and put then under the radar.

If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?

I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).

But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.

Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
Please send him emails.



Dear Senator Leahy,

This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.

The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.

It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.

What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :

Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...

http://www..com/usa-discussion-forums/i...

USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?

Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.


God bless you Senator !

Your's sincerely,


Being a staunch supporter of IV, I did send a letter similar to Sen. Leahy. The IV analysis is good, not sure of the forum discussion - as there are so many different opinions - sometimes irrelevant. So, just sent it with the IV recommendations from their analysis. The only solution is for us is to be vocal and shed light on our issues.

Not sure if funny is the right term to use here, but this makes me think about
the cold-war era russia/east germany type of bureaucracy.
amazing.

If you don't like web-fax then you can make phone call or send email with your message in it. Also please contribute to IV.
What do you think?




I didnot like the webfax as it doesnot cover wishes of many people like me. People who have approved Perm should be allowed to file I140 and I1485 under old system even if Point Based system becomes law.

engineer

...they want to distribute them judiciously.


USCIS ... judiciously???

LOL

EB2 will stay the same as April 08 VB.