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OK so we're 1 million in the backlog. That could be a small country.

Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

So.. if anyone has the info on how to register a new country, I'd like to know.

Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;

Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central

Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV

I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights


Read below what happened to the court case in UK.

http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

You can simply FORGET ABOUT LAWUSUITS etc.

Hmm...that is an interesting trend. With TSC approving 485's left and right these days anything is possible at that super-center !


Yes, it is for TSC. And i did check . Thats how i realized they are approving AP and EAD for the early June filers. And i assumed my AP will be approved in couple of weeks. But never thought my July filed EAD will be tied along with my June filed 485. I don't see any AP or EAD approved for even early July filers in atleast for India.

Texas service center
nsc - nebraska service center

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.

My colleague told me that he took only chest X-ray and not done skin test he got his GC.

That could be true in the past. But they have been insisting on the TB skin test since last couple of months. Before I am sure it was not a problem. But since recently they have been sending our RFEs. This is what I read on Murthy.com.

Done.

I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.

Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.

Only reason, I am not sure where my life would end without knowing an answer to my green card application.

I think this is a key point which is missing in the survey.

Congratulations, I am happy for you.

Could someone with privileges update IV in the news Page?

Thanks

Hi,

I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?

Thanks in advance!

You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.

this is realy getting more confusing and I think

Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )

May be true if they are doing other work, like working on the Family based immigration. But here I am talking about dedicated I-485 application processors. This is just an assumption. I am sure that USCIS have lot of employees than our assumption. I am sure that USCIS is lot more capable, and it they genuinely wants to speedify the process, they could. I sincerely hope that USCIS, with it's new revenue that it is going to get in August, would add workforce to process applications in a timely manner.

if your applications are pending for over 6 months (approvable and your PD isc urrent for this long), file a writ of mandamus. Thats the only thing I have seen that moves USCIS to approve such old applications that are hiding behind the 'under background check' flag. Note that FBI namecheck is also now required to be completed within 180 days, so there is no excuse for an application to remain approvable but not approved beyond those timelines. talk to a good lawyer and pursue your case aggressively.

My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?

What if your old employer cancels your I-140? In that case wouldn't it be better to have informed USCIS that you changed jobs?

I would say some imagination fused with wishful thinking :D

Is it just your imagination or did you base this on any source.

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.

Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.

USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.

1. If my employer is filing new H1 application why i should go with premium processing? why not regular.

2. Am i out of status now?.

3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.

Thanks in advance.


Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.

I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.

Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Hey Dazed,

How much time did it take you to get the refund?

Thanks,
-CinBoy

The statistics can be skewed in that people switch jobs after perm, people like me have filed 2nd perm application despite having an earlier 2005 application.

A) Yes, you can transfer the pending h1 extension to premium.
B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.

Thank you for your response. ANy idea how long the conversion would take?