days_go_by
08-04 07:20 AM
from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
when
01-03 02:06 PM
I think is someone has Canadian PR they aren't required to have a UK transit visa. I found the this info on the following link: http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States
Do I Need A UK Visa
You asked if a national of India needs a visa to pass through the UK in transit.
Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;
a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
a diplomatic or service passport issued by the People�s Republic of China; or
a diplomatic or official passport issued by India; or,
a diplomatic or official passport issued by Vietnam.
Transiting to the Republic of Ireland
Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.
DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).
All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.
Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.
More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.
Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.
Please make your application to Chicago, Los Angeles, or New York.
If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.
Notes:
A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.
Do I Need A UK Visa
You asked if a national of India needs a visa to pass through the UK in transit.
Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
a valid common format Category D visa for entry to an EEA State;
a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
a diplomatic or service passport issued by the People�s Republic of China; or
a diplomatic or official passport issued by India; or,
a diplomatic or official passport issued by Vietnam.
Transiting to the Republic of Ireland
Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.
DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).
All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.
Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.
More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.
Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.
Please make your application to Chicago, Los Angeles, or New York.
If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.
Notes:
A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.
PixelPix
February 2nd, 2004, 01:40 AM
I look at this image and find no main point of interest, my eye is left to simply rome around the image and is not driven to "the" subject matter.
I had a quick play.... a slight rotate, crop and clone to come up with this...
http://www.potd.com.au/TESTS/153littleflowers.jpg
The diagonal line leads you in from the rear to the main flower, while the same happens from the front. You could play with the DOF of this image also (either in camera of PS) as narrow DOF would help draw attention to main subject flower of your choice, eg:.....
http://www.potd.com.au/TESTS/153littleflowers_BLUR.jpg
http://www.potd.com.au/TESTS/153littleflowers_BLUR2.jpg
Also, the eye will naturally fall to the brightest part of an image, so all background flowers that may have distracted from subject flower have been cloned out.
I hope this helps.
Russell
PS.... They were really quick PS mods and are a bit "hows your father", but they're intended simply to give an idea. :-)
I had a quick play.... a slight rotate, crop and clone to come up with this...
http://www.potd.com.au/TESTS/153littleflowers.jpg
The diagonal line leads you in from the rear to the main flower, while the same happens from the front. You could play with the DOF of this image also (either in camera of PS) as narrow DOF would help draw attention to main subject flower of your choice, eg:.....
http://www.potd.com.au/TESTS/153littleflowers_BLUR.jpg
http://www.potd.com.au/TESTS/153littleflowers_BLUR2.jpg
Also, the eye will naturally fall to the brightest part of an image, so all background flowers that may have distracted from subject flower have been cloned out.
I hope this helps.
Russell
PS.... They were really quick PS mods and are a bit "hows your father", but they're intended simply to give an idea. :-)
user
11-06 09:50 PM
http://www.change.gov/
more...
Hewa
06-08 10:33 AM
Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.
The 30-day paper license thing has been there since 2002, when I first applied. The "Temporary" label came I think about one and a half to two years back.
The 30-day paper license thing has been there since 2002, when I first applied. The "Temporary" label came I think about one and a half to two years back.
senthil1
05-25 02:06 AM
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
Dude since 1999 to 2006 ..nothing
Dude since 1999 to 2006 ..nothing
more...
GCapplicant
07-14 11:13 AM
Yes Why isnt korea facing any retrogressions like us...Sounds like real partiality.
China is comparitively less than Korea and they face retrogression...unable to judge this partiality.
China is comparitively less than Korea and they face retrogression...unable to judge this partiality.
laborpains
12-09 03:35 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
more...
ram006
07-17 01:04 AM
I am not sure if my reply is correct.
But if the dates are current for you, can you just not reapply for 485 ?
I can re-apply, but my 485 is already approved on July 8th!
But if the dates are current for you, can you just not reapply for 485 ?
I can re-apply, but my 485 is already approved on July 8th!
eager_immi
07-20 03:55 PM
Can someone post where they have stopped issuing interim EADs. I have not come across any USCIS specific website.
Thanks
Thanks
more...
ns33
01-18 01:12 PM
Actually, IIRC, in 2001/2002, DOL denied a lot of RIR LCs from big corps. There was the infamous Zeigler memo that affected Texs DOL region the worst. Lucky for west cost I think Cal DOL did not take that into account. Not sure about other parts of country.
NS
NS
GEEGEE
07-24 10:10 PM
Hello,
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
more...
sanjeev_2004
08-13 10:41 PM
LUD mean every one whose LUD happend today will get Reciept next week or it means batch mass update.
murali77
09-16 03:10 AM
What does this mean ?
"Our electronic records show that your application is with the adjudications officer for review."
EB2
PD JAN-06(NSC)
Thanks
"Our electronic records show that your application is with the adjudications officer for review."
EB2
PD JAN-06(NSC)
Thanks
more...
reddymjm
10-06 01:38 PM
http://immigrationvoice.org/forum/showthread.php?t=21814&page=2
Contribute and make your way to Hall of Fame from Shame.
Contribute and make your way to Hall of Fame from Shame.
nvmurali
06-02 08:25 PM
If Your Consulting Company is the negotiating then its good for you that you will be leaving on good terms. I would recommend you negotiate with them to File your 485 when PD available.
As far joining new Employer, you can only join them with H1B with 140 waiting status.
What does that mean? how can they file 485 when I'm not working for them? Also - What do you mean by with H1-B & 140 waiting?
As far joining new Employer, you can only join them with H1B with 140 waiting status.
What does that mean? how can they file 485 when I'm not working for them? Also - What do you mean by with H1-B & 140 waiting?
more...
EB2_Jun03_dude
04-11 11:16 AM
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
jonty_11
07-26 03:58 PM
wait for the next receipt compliant notice....it should be out in a day or too...NSC will b January 1st 2020
vhd999
06-21 12:18 PM
Thanks for the update...
Did you have to redo the medical or the USCIS was happy with the original medical exam that was submitted in April 2004?
Did you have to redo the medical or the USCIS was happy with the original medical exam that was submitted in April 2004?
walking_dude
08-04 11:03 AM
Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.
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