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jsb thanks.

Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)

No. They believe they are working their best. Think of an assignment received by your company's Headoffice on July 2, 07, but it came to you to work, on Oct 11, 07. If you are to provide periodical progress, what will you call your Receiving Date of assignment? Oct 11, 07.

Processing Centers provide their monthly progress report to be published. They treat the date when they, the centers, (not the USCIS mail room) received, as the receive date, which is close to the Notice Date. Hence the confusion. If you ask them if they use ND sequence, they will confidentally tell you that they use the receiving date for sequencing their work, which to their belief is true.

Logically RD on your receipt should be used. Even if some senior guy at USCIS decides and instructs centers to process cases in that order, can they do it. No, as their sorting of cases is in order they (the centers) physically received them. It will be too tedious to re-sort tens of thousands of cases manually, particularly when mailroom RD is nowhere other than a stamp on the file, and as manually entered info on your receipt. Many follow up documents don't even mention that date, or even PD, as they are not part of the system information. Online info also shows some date close to ND as "your case was received on...".

There is a motivation to use up visas by Sep 30, as bosses question if they don't do that. But if they don't give visas in order of priority (whatever it be), no one questions, as it is difficult to prove someone to be wrong, or to correct even when something is proven wrong.

Bottomline is that the whole process translates to Luck.

I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.

I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:

* transfer H1B - 1 month
* New labor - 3 month (max)
* I-140 - 1 month (premium)

So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.

1. Is the timeframe I am thinking realistic?
2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
3. What could be the greatest risk in transferring companies at this stage?

Thanks in advance for your help.

I got the exact same letter today, except mine says below "CANCELLED", that I am to appear on July 9th at the Jacksonville FL. office at 8 am. - so is it cancelled or not?

I spent 45 minutes calling the stupid 800 number on the notice, wasting time pressing numbers 1-9 and never getting a human being on the phone to find out what was going on. Needless to say I was extremely frustrated by the time I just pressed 3, which was supposed to be for a change of address, but I finally got a real person on the line and she managed to transfer me to the right department.
When I finally got to speak to someone there, this woman was as confused as I was and nothing was resolved. She said that the July 4th holiday affected appointments from July 5-8, but that doesn't include my appointment date. She finally said she would forward the issue to her supervisor and have her contact me to sort this out. I have not heard anything yet so I have no clue at this point what is going on and if I need to show up for the appointment or not.
I have to travel approx. 3 hours each way to get to Jacksonville and I made that clear, that I was not willing to waste time getting the folks I live with to drive that distance when they are elderly and disabled if I wasn't meant to be there.
She was very nice and very understanding but unable to resolve the problem so I wait for the supervisor I guess.
Does anyone else have a clue what happened or why this sort of confusion went unnoticed? I mean, anyone reading the notice I got would go :confused:

I'm hoping they will get back to me tomorrow cause the appt. date is not far away and there is no way I will miss it, not after waiting 2 years just to get some feedback on the status of my application.

I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007

still waiting for fingerprint notice.

Hi,
Same case like you but got FP notices for me and wife together just yesterday evening. Just wait and you should be getting yours in a day or two.

Best Regards,

I submitted Proof Of Status along with my I-485 as my lawyer asked for it.. Not sure if everyone does... It was a statement (1 page word doc) with all my H1/I-94 history... I was missing few I-94 numbers, I left it blank... And attached all my H1B copies along with it...

Remember that your I-94 # changes only when you tarvel outside US... So it should be quite simple to keep track... I-94 # is also written on your H1 extension if done while in US... So I was in nutshell able to get most of my I-94 numbers.. except for one duration when I travelled on same H1 twice.. So lost that I-94 #.. But had same H1B for that duration.. SO guess it should be okay...

Although there are a few members in this forum (including me), who believe that EB retrogression will be handled through a separate bill dedicated to legal immigration or through a bill like PACE act, I trust the judgement of IV core team. I believe their actions are well-intentioned and are validated by the lobbyist group.

Let us unite in IV's efforts. It does not mean that we do not give ideas, since the ideas are needed by IV core team to analyze, evaluate and act upon.


Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.

To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.

Hi Suk,

We have been already working on this. Please see:

http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf

On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

Thanks for your help!


Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.

...I like the attitude :)

i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
so dream on..

Any chance of getting a descriptive sentence next to the entries? I don't think people will realise that they can use the mouse to rotate the camera in mine without one unless they luck into it.

Hi H1TechSlave,

I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.

The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.

How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.

Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".

I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.

I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.

Please share the info


thanks

Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://i.imdb.com/Photos/Ss/0266697/KillBill_CN-99-3.jpg).

Nice quote :)

I don't know, you tell me!

Maybe you can find out and let everyone know. :)

Hmm....and you think the world is Crazy? Interesting stuff ..bud.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

Thanks,

India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;

Yes, it's my case that just got approved. See my signature for dates.

Was this your case? Did you get approved in two months? Whats your PD?

I know how you feel...

I just had a $5k client "crawfish" on me...

It wasn't totally his fault, he went out of business... :*(

I didn't do a lot up front, just becuase I was concerned about getting paid... I still lost money... :*(

Oh well, back to the streets to drum up more clients...

::holds up a sign that says "will make web site for food" ::

Rev:elderly:

You contributed 600:confused: for what?

For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....

Thanks for great services..

My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

will court close my removal proceedings based on PD current..

i will really really apprecate your help.

Breaking news on http://www.immigration-law.com :

04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"

* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.

Does anyone has more insight to this. What we at IV can contribute to this hearing?

This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435

EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.