gonecrazyonh4
04-25 12:58 PM
Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
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nagio
01-08 07:31 AM
Six weeks it is. Sorry I said 7 weeks.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
I just replied in the other thread too.
My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.
chanduv23
11-20 12:25 PM
This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.
Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.
I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.
only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..
Hmmmm - laws are generally framed with generic thumb rules. They cannot be addressed to specific stuff. Visass and restrictions are based on needs and demands and not moods and whims. If USA needs software engineers, then they frame laws to get software engineers - they do not target consulting companies - remember it is we who have issues with consulting companies and it is upto those having issues to deal with them
Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.
I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.
only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..
Hmmmm - laws are generally framed with generic thumb rules. They cannot be addressed to specific stuff. Visass and restrictions are based on needs and demands and not moods and whims. If USA needs software engineers, then they frame laws to get software engineers - they do not target consulting companies - remember it is we who have issues with consulting companies and it is upto those having issues to deal with them
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meridiani.planum
11-21 12:07 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
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meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
conchshell
09-17 11:06 AM
Keep calling guys ...
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tinuverma
03-17 01:31 PM
gurus....please help.
Hello everyone,
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:
The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?
Thanks
Hello everyone,
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:
The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?
Thanks
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ilikekilo
06-11 06:14 PM
again u r out of ur mind
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deepimpact
09-22 08:20 PM
Next thing....H1 program only once in 3 years or only when "needed".....
Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
Attach huge price tag to GC... and...
Well, the message is clear...Isn't it?
Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
Attach huge price tag to GC... and...
Well, the message is clear...Isn't it?
Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
hair the life and will change
raamskl
07-20 09:57 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
more...
mbartosik
11-16 04:13 PM
To answer Munna Bhai's question:
Visa bulletin:
This determines which priority dates USCIS may accept applications for (I485). It is also used to determine which applications by priority date USCIS may issue GC for.
Processing times:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Shows when you can expect that USCIS gets round to processing an application once they have received it. This is meant to be based on receipt date for that application. They may randomly process it sooner. They many complete processing later if there is a problem. Most applications with receipt dates stated in the processing times page should have completed most processing.
To get GC, visa bulletin date must be current, AND USCIS must have processed paperwork, AND there be no problems or outstanding RFE.
Oh, I nearly forgot, AND pigs must fly!
Visa bulletin:
This determines which priority dates USCIS may accept applications for (I485). It is also used to determine which applications by priority date USCIS may issue GC for.
Processing times:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Shows when you can expect that USCIS gets round to processing an application once they have received it. This is meant to be based on receipt date for that application. They may randomly process it sooner. They many complete processing later if there is a problem. Most applications with receipt dates stated in the processing times page should have completed most processing.
To get GC, visa bulletin date must be current, AND USCIS must have processed paperwork, AND there be no problems or outstanding RFE.
Oh, I nearly forgot, AND pigs must fly!
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roseball
08-07 11:10 AM
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
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razis123
06-16 10:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
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tinamatthew
07-21 04:08 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).
Talk to your lawyer, it may make sense to file now!
Any ideas when can be the date current again(for my PD atleast)?
Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).
Talk to your lawyer, it may make sense to file now!
more...
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andy_traps
04-18 08:46 PM
Folks,
Does anyone know what's going on with the immigration bills? The last 3 weeks saw some new bills introduced in Congress. But no action seems to be taken or planned for these bills!
Matthew Oh has posted a link to SKIL Act of 2007 on his blog. I don't know what to make of this posting -- does it mean that it has been introduced in the Senate in the sense that it is ready for debate? Or does it mean that it has just been assigned a bill number and is now ready to catch dust.
Does anyone have any updates to share with the rest of us?
Thanks,
Andy
Does anyone know what's going on with the immigration bills? The last 3 weeks saw some new bills introduced in Congress. But no action seems to be taken or planned for these bills!
Matthew Oh has posted a link to SKIL Act of 2007 on his blog. I don't know what to make of this posting -- does it mean that it has been introduced in the Senate in the sense that it is ready for debate? Or does it mean that it has just been assigned a bill number and is now ready to catch dust.
Does anyone have any updates to share with the rest of us?
Thanks,
Andy
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Hermione
09-27 11:09 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
more...
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snathan
01-22 04:22 PM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
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potatoeater
05-10 10:43 PM
Don't do it. Its a trick!!! You will be run over by really big airplanes!! I mean really big!
there is a huge run way... Try to make use of it.
there is a huge run way... Try to make use of it.
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ruchigup
08-22 03:03 PM
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
inspectorfox
07-22 09:01 PM
Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.
My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.
There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.
I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.
Goodluck!
My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.
There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.
I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.
Goodluck!
Openarms
10-03 10:17 AM
Even PA DMV also adopted more troublesome procedure of giving DL to the LEGAL IMMIGRANTS.
Even after having VALID EAD DOCUMENT, verifying ORIGINAL USCIS documents and ORIGINAL SOCIAL SECURITY CARD why DMV want to check status with USCIS again?
What do they get out of that process?? Seems like another way of harassing LEGAL IMMIGRANTS.
Why redundant procedures???... Why to waste tax payers money with these kinds of redundant policies??
Why individual states like PA, GA and SC adopting these policies??
Please share your experiences from other states if any similar sort.
Even after having VALID EAD DOCUMENT, verifying ORIGINAL USCIS documents and ORIGINAL SOCIAL SECURITY CARD why DMV want to check status with USCIS again?
What do they get out of that process?? Seems like another way of harassing LEGAL IMMIGRANTS.
Why redundant procedures???... Why to waste tax payers money with these kinds of redundant policies??
Why individual states like PA, GA and SC adopting these policies??
Please share your experiences from other states if any similar sort.
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