rsharma
06-14 05:05 PM
rsharma, l1fraud,
There is nothing wrong in reporting fraud.
However your argument that you are reporting it since you cannot tolerate fraud isn't that convincing.
If you were always against injustice/lawlessness, you will see a lot of it in your daily life. Do you report or take action against each of those ? I don't think so.
After living in India for long and seeing people put up with all injustice and sometimes doing it themselves, it is hard to believe your argument that you are doing it just for the sake of law.
I am not saying that we are reporting fraud just for the sake of not tolerating it. This is effecting our GC. Earlier the effect was related to the job being taken away now it is effecting our GC too.
Initially L1s were sponsored only by large offshore companies like TCS, WIPRO etc.. The effect was that the jobs were taken away. But it did not have much effect on the GC side as most of these large offshore companies do not process GC for their employees.
But nowadays lots of small Offshore companies started doing L1As. These companies do not have lots of clients like TCS or WIPRo but they have a handfull of clients. So to make sure they have their clients they started bringing people in L1As and processing GC under EB1 for them. Although many of these people are developers and should be in EB3 and should be behind in the line. But as they are in L1A and are appling in Eb1 they are getting GC in no time and also taking the visa#s away. There are hunderes of these small offshore companies started getting people in L1As. Thus these EB1 Visa #s are not overflowing to EB2. This is effecting our GC.
Now we have :
1. Large offshore companies sponsored L1s taking the jobs
2. The small offshore companies sponsored L1s taking the GC visa #s.
If the L1As are indeed senior Manager then no problem, but the Developers/Business Analyst/ Project Manager without hire-fire authority are getting GC under EB1.
Thus these frauds should be reported so that at least the # of EB1 visas are not taken by fraud.
So you too can see how this fraud is effecting us all.
There is nothing wrong in reporting fraud.
However your argument that you are reporting it since you cannot tolerate fraud isn't that convincing.
If you were always against injustice/lawlessness, you will see a lot of it in your daily life. Do you report or take action against each of those ? I don't think so.
After living in India for long and seeing people put up with all injustice and sometimes doing it themselves, it is hard to believe your argument that you are doing it just for the sake of law.
I am not saying that we are reporting fraud just for the sake of not tolerating it. This is effecting our GC. Earlier the effect was related to the job being taken away now it is effecting our GC too.
Initially L1s were sponsored only by large offshore companies like TCS, WIPRO etc.. The effect was that the jobs were taken away. But it did not have much effect on the GC side as most of these large offshore companies do not process GC for their employees.
But nowadays lots of small Offshore companies started doing L1As. These companies do not have lots of clients like TCS or WIPRo but they have a handfull of clients. So to make sure they have their clients they started bringing people in L1As and processing GC under EB1 for them. Although many of these people are developers and should be in EB3 and should be behind in the line. But as they are in L1A and are appling in Eb1 they are getting GC in no time and also taking the visa#s away. There are hunderes of these small offshore companies started getting people in L1As. Thus these EB1 Visa #s are not overflowing to EB2. This is effecting our GC.
Now we have :
1. Large offshore companies sponsored L1s taking the jobs
2. The small offshore companies sponsored L1s taking the GC visa #s.
If the L1As are indeed senior Manager then no problem, but the Developers/Business Analyst/ Project Manager without hire-fire authority are getting GC under EB1.
Thus these frauds should be reported so that at least the # of EB1 visas are not taken by fraud.
So you too can see how this fraud is effecting us all.
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bindas74
06-16 01:02 PM
No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.
If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.
If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.
Hi Logiclife,
Can you please provide me insight on my question?
My company filed for my I485. i didnt file the EAD / AP at that time. I have a valid H1B stamped for multiple entry till 2010.
So, as per your post, I can apply just for EAD, right? That is if I want to switch jobs after 180 days using AC21 and if I start using my EAD, can I go out and come back with my valid H1B stamping? Or do I need to have the AP since I have started using my EAD??
Similarly, can my wife use her H4B even after she starts using the EAD instead of AP when she travels??
Any help is greatly appreciated.
-Thanks
If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.
If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.
Hi Logiclife,
Can you please provide me insight on my question?
My company filed for my I485. i didnt file the EAD / AP at that time. I have a valid H1B stamped for multiple entry till 2010.
So, as per your post, I can apply just for EAD, right? That is if I want to switch jobs after 180 days using AC21 and if I start using my EAD, can I go out and come back with my valid H1B stamping? Or do I need to have the AP since I have started using my EAD??
Similarly, can my wife use her H4B even after she starts using the EAD instead of AP when she travels??
Any help is greatly appreciated.
-Thanks
jayz
01-10 02:54 PM
I just mailed my letter to the President, CC-ed Senators from my state, Congresswoman from my district and of course, IV. I also attached my past correspondance with the lawmakers to the letter, so they know that this has been an on-going struggle from the grassroot level.
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mirage
08-07 04:13 PM
What's wrong happening in PD porting case ?? Original beneficiary is able to get a visa allocated to him by claiming he was or is eligible for EB-2 ? Where is fraud in this and as you said if law allows it and what's wrong... The point was about abusing the system to get ahead in the line. In that way labor sub shares similarity with PD porting. If a person who landed yesterday fits the job profile and the law allowed it , then what's wrong.
On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
On the other hand if those labor are sold for a price then it is serious problem. And thats why Lab Sub was eleminated. Now thats what is going to happen (and happening) in PD porting case.
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krishnam70
06-21 12:40 PM
I believe if you get your Credit score reports from Experian and others, it lists all the addresses you ever lived in USA. You can get free Credit score reports from agency once a year.
use www.zabasearch.com, its s free search and usually shows all your address pretty good if your telephone number was listed in the directory
use www.zabasearch.com, its s free search and usually shows all your address pretty good if your telephone number was listed in the directory
EB3Victim
06-29 04:19 PM
We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.
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veni001
04-04 07:20 PM
A simple calc to find out how much EB3-EB2 porting going on as of today:
If you look at Demand data released last month by DOS, It lists
Prior to January 1, 2007 , EB2- I pending : 13,200
In my opinion Demand data includes EB3- EB2 porting as well since Demand data reflects overall demand for one category.
Now if you look at inventory data released on Jan 5 ,2011 ,
EB2 India Pending Prior to Jan1st 2007 : 13,516
But if you exclude all the data prior to May = 13,516 - 1,110 - 103 - 133 - 74-108 = ~ 12K
EB2 I demand from the inventory btwn May - Dec 06 = 12K
But Demand data says EB2-I demand is 13,200
Diff : 13,200 - 12K = 1200 ( This number has to be porting)
We know EB2 - I dates have not moved since Oct ,2010 .
So India regular quota for the last six months : 2800/2 = 1400 .
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
What about the 1,194 EB2I cases pending with PD upto 12/31/2005?
If you look at Demand data released last month by DOS, It lists
Prior to January 1, 2007 , EB2- I pending : 13,200
In my opinion Demand data includes EB3- EB2 porting as well since Demand data reflects overall demand for one category.
Now if you look at inventory data released on Jan 5 ,2011 ,
EB2 India Pending Prior to Jan1st 2007 : 13,516
But if you exclude all the data prior to May = 13,516 - 1,110 - 103 - 133 - 74-108 = ~ 12K
EB2 I demand from the inventory btwn May - Dec 06 = 12K
But Demand data says EB2-I demand is 13,200
Diff : 13,200 - 12K = 1200 ( This number has to be porting)
We know EB2 - I dates have not moved since Oct ,2010 .
So India regular quota for the last six months : 2800/2 = 1400 .
Since dates have not moved, I am assuming 1400 should also be considered towards porting.
so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)
What about the 1,194 EB2I cases pending with PD upto 12/31/2005?
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SunnySurya
08-07 01:53 PM
First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
Sunnysurya,
I am not arguing or obstinately stating my view. I am genuinely confused.
I am not sure how it is unfair on EB2. Didn't these folks apply for GC before us legally and stand in line sincerely (no labor subs) AND gather pertinent work exp and education?
I understand you are working on getting the numbers. I would wait to hear from you with those numbers.
It is one thing to feel wronged seeing a few examples of people abusing the porting but quite another to have a lawsuit alleging that this is a widespread activity and it is causing grievous delays for the ones waiting in EB2. I really don't believe it and feel it is insulting to a large majority of highly skilled and hard working immigrants who have/will legally port their EB3 PDs to EB2.
Regards.
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
Sunnysurya,
I am not arguing or obstinately stating my view. I am genuinely confused.
I am not sure how it is unfair on EB2. Didn't these folks apply for GC before us legally and stand in line sincerely (no labor subs) AND gather pertinent work exp and education?
I understand you are working on getting the numbers. I would wait to hear from you with those numbers.
It is one thing to feel wronged seeing a few examples of people abusing the porting but quite another to have a lawsuit alleging that this is a widespread activity and it is causing grievous delays for the ones waiting in EB2. I really don't believe it and feel it is insulting to a large majority of highly skilled and hard working immigrants who have/will legally port their EB3 PDs to EB2.
Regards.
more...
caliguy
10-02 04:04 PM
@ SOP
Would appreciate if you could please let us know how you contacted Napolitano.
I dont know what else I can do to have them look at my case, I have tried every possible avenue.
Since you got a call from USCIS, I think its shouldnt be too long before your wife gets her GC.
Would appreciate if you could please let us know how you contacted Napolitano.
I dont know what else I can do to have them look at my case, I have tried every possible avenue.
Since you got a call from USCIS, I think its shouldnt be too long before your wife gets her GC.
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jcrajput
10-10 09:55 AM
Do we suppose to send I-130 with I-485 application? I have re-filed for my self and my wife for I-485 based on approved I-140 EB2 Employment. Please let me know.
My application filed on July 2 was rejected (NSC->CSS) saying missing I-140 I797 approval even though it was attached.
Thanks a lot.
My application filed on July 2 was rejected (NSC->CSS) saying missing I-140 I797 approval even though it was attached.
Thanks a lot.
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caliguy
10-06 02:18 PM
@ SOP
Hope your wife is feeling better now.
I wish USCIS could see how much emotional toll it has taken on people who have been patiently waiting for their turn. Nothing is worse than being in a broken system and not knowing what to expect but that is USCIS for you....
I have sent your a private message. Could you please provide the mailing address for Mr. President? I dont mind sending him a copy of the letter too, what the heck, I have nothing to lose.
Hope your wife is feeling better now.
I wish USCIS could see how much emotional toll it has taken on people who have been patiently waiting for their turn. Nothing is worse than being in a broken system and not knowing what to expect but that is USCIS for you....
I have sent your a private message. Could you please provide the mailing address for Mr. President? I dont mind sending him a copy of the letter too, what the heck, I have nothing to lose.
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amitjoey
07-11 01:50 PM
Wrote an email to NPR (National Public Radio).
I also wrote to John Stossle 20 / 20 for a coverage (Skilled immigration) but haven't had any reply.
That would be awesome if NPR covers it. Thanks Karthik
I also wrote to John Stossle 20 / 20 for a coverage (Skilled immigration) but haven't had any reply.
That would be awesome if NPR covers it. Thanks Karthik
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gcwonder
11-02 07:55 PM
I have send all 4 letters.
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nkavjs
09-25 12:22 PM
Ok check it on theextreme bottom part of your I-140 approval notice.. which shd say approved from TSC/NSC/VSC.. see if you see A number there.. if not I will tell you the alternate method
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MeraNaamJoker
08-19 09:03 AM
Hi All, I had a quick question.
My I-485 got approved earlier this week from NSC and I received the approval/welcome letter by USPS.
My online status is at post-decision activity and not at CPO.
Though my welcome notice says that I should receive the card in 3 weeks, I am wondering if I need to be at CPO status before that happens....also I read somewhere they may require another FP before CPO (that was talking more abt transfer cases, but mine has always been at NSC).....but nowhere in my approval notice does it ask for an FP.
I was wondering if I should just sit tight and wait for the physical card or try to find out more information.
Thanks so much.
No need to worry at all. The cards will arrive very soon. My case pretty much similar.
My I-485 got approved earlier this week from NSC and I received the approval/welcome letter by USPS.
My online status is at post-decision activity and not at CPO.
Though my welcome notice says that I should receive the card in 3 weeks, I am wondering if I need to be at CPO status before that happens....also I read somewhere they may require another FP before CPO (that was talking more abt transfer cases, but mine has always been at NSC).....but nowhere in my approval notice does it ask for an FP.
I was wondering if I should just sit tight and wait for the physical card or try to find out more information.
Thanks so much.
No need to worry at all. The cards will arrive very soon. My case pretty much similar.
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waiting4gc02
05-15 09:53 AM
Guys:
Based on the June Bulletin, I will be filing my I485 in June.
Now, I have H1-B(with my current company till Feb'2010 that I just got approved a month back.(not stamped in passport yet)
-- Should I file EAD for myself ( I probably would want to change jobs after 180 days) ? Or is it better to be on H1-B.
-- Should I file AP for both myself and my wife(she is on H4) ?
Also, when I decide to change jobs using AC21 rule, is it better to tranfer
H1-B to a new company or if I have EAD, how does that work ?
Any inputs will be greatly appreciated..!!
Thanks
Based on the June Bulletin, I will be filing my I485 in June.
Now, I have H1-B(with my current company till Feb'2010 that I just got approved a month back.(not stamped in passport yet)
-- Should I file EAD for myself ( I probably would want to change jobs after 180 days) ? Or is it better to be on H1-B.
-- Should I file AP for both myself and my wife(she is on H4) ?
Also, when I decide to change jobs using AC21 rule, is it better to tranfer
H1-B to a new company or if I have EAD, how does that work ?
Any inputs will be greatly appreciated..!!
Thanks
more...
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drirshad
06-29 08:06 PM
Damn this sucking life man, no social life, no career life, no nothing life. Even animals must be living a better and meaningful life. It sucks big time, did it ever happen in history that uscis revised a visa bulletin on the day it is supposed to go into effect ....
We must fill their mailbox guys, let tham know this cannot be accepted.
uscis.webmaster@dhs.gov
National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)
We must fill their mailbox guys, let tham know this cannot be accepted.
uscis.webmaster@dhs.gov
National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)
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indio0617
05-15 09:55 PM
Hi,
Can anyone share their expert views on this scenario.
Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?
Also is it possible to have 2 separate I-485 filed from different employers.
I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?
Thank You.
Can anyone share their expert views on this scenario.
Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?
Also is it possible to have 2 separate I-485 filed from different employers.
I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?
Thank You.
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sundarpn
01-28 05:10 PM
both H1 were approved from the same USCIS center? the one which is stuck in PIMS, which service center it was?
good point.
We need to track the H1b approval date and the service center that approved it.
For those who don't know, the first three letters of the receipt number in you I-797 H-1b approval notice indicates the service center.
Like SRC is Texas, EAC is Vermont, LIN is nebraska and CSC for california.
Please include this info too.
good point.
We need to track the H1b approval date and the service center that approved it.
For those who don't know, the first three letters of the receipt number in you I-797 H-1b approval notice indicates the service center.
Like SRC is Texas, EAC is Vermont, LIN is nebraska and CSC for california.
Please include this info too.
qasleuth
09-23 09:02 PM
Trying to wrap my head around 245i cases. All primary applicants you were physically present in the US on Dec 21, 2000 were eligible to file 485 before April 2001 (with approved labor + approvable 140). Spouses and children of those primary applicants who were not in the country have to apply using CP. So the data provided by USCIS does not contain all those CP applicants. BUT as the dates were current till 2004, USCIS/DOS HAD to know the exact number per country as consulates have to report CP applicant numbers. The only possibility for the discrepancy you mention is that USCIS horribly screwed up and we may have hundreds of CP applicants who are derivatives of 245i. Conspiracy theory ?? LOL. Man, we have to just laugh at our plight.
No racism intended here but historically speaking number of immigrants from Mexico/Caribbean/China probably had more numbers in 245i than India. So, you question remains interesting inspite of the CP applicants possibility I mention above.
Something is screwed up.....
Mexico has over 2000 cases in April 2001 yet its PD is May 1st 2001
India has less 500 cases in April 2001 yet its PD is Apr 15 2001
This along with CIS giving "bad/incorrect" data to IV is indication of someone's malicious intentions.
I appreciate IV's effort in getting FOIA executed and now working on aftermath of it.
For people who are angered with whats been going on in last couple of days. All I can say is to try volunteering for IV even for a month.
No racism intended here but historically speaking number of immigrants from Mexico/Caribbean/China probably had more numbers in 245i than India. So, you question remains interesting inspite of the CP applicants possibility I mention above.
Something is screwed up.....
Mexico has over 2000 cases in April 2001 yet its PD is May 1st 2001
India has less 500 cases in April 2001 yet its PD is Apr 15 2001
This along with CIS giving "bad/incorrect" data to IV is indication of someone's malicious intentions.
I appreciate IV's effort in getting FOIA executed and now working on aftermath of it.
For people who are angered with whats been going on in last couple of days. All I can say is to try volunteering for IV even for a month.
H1B-GC
09-23 04:09 PM
This is probably as close information that we can get from horses mouth(USCIS). Just hope its true.
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